\ 



PUBLIC 



SCHOOL LAW 



OF 



NORTH CAROLINA 



AS COMPILED IN THE " REVISAL OF 1905 OF NORTH CAROLINA" 



ISSUED IN PURSUANCE OF LAW 
BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION 



RALEIGH 

E. M. UzzELL & Co., State Printers and Binders 
1905 






APR 14 1906 
1). otO, 



PREFACE. 



For the information and convenience of school officers and of the 
general public, this pamphlet containing the School Law and notes 
thereon by the State Superintendent is issued as required by law. 
The sections correspond in numbering to the sections of the Revisal 
of 1905 of I^orth Carolina, as compiled by the Commissioners ap- 
pointed for that purpose. The publication of the pamphlet has been 
delayed on account of the delay in the publication of this Revisal. 
All amendments to the School Law by the General Assembly of 1905 
are incorporated in the respective sections to which these amendments 
related. 

All school officers and public school teachers are urged to read 
carefully this law and the accompanying notes. The notes are 
intended to aid in the explanation and interpretation of the law and 
to give helpful suggestions to teachers and school officers. A careful 
reading of the law and the notes will prevent many mistakes and 
much troublesome correspondence and delay. I bespeak the hearty 
co-operation of all school officers, teachers and friends of education 
in the wise and faithful administration of this law. 

J. Y. JOYNER^ 

Superintendent PuMic Instruction. 
Raleigh, N. C, July 25, 1905. 



IMPORTANT CHANGES IN THE SCHOOL LAW BY THE GENERAL 
ASSEMBLY OF 1905. 



For the convenience of those familiar with the Public School Law 
before the amendments enacted by the General Assembly of one thou- 
sand nine hundred and five, I beg to call attention to the following 
principal changes : 

1. Wo person while actually engaged in teaching in the public 
schools is eligible as a member of the county board of education. 
See section 4119. 

2. Township committees are required to take the census in town- 
ships by districts and may be paid at the usual rate of two cents per 
name for their services or may be allowed for their services for the 
entire year a dollar a day each for four days, but cannot be paid for 
both. The township committee is required to appoint one man in 
each school district to look after the school-house and property and 
advise with the committee. See section 4145. 

3. Expenditures by school committees for supplies and repairs 
cannot be made without the order of the county board. See sec- 
tion 4149. 

4. Schools in districts wath a census of less than one hundred and 
fifty children are not, as heretofore, required to be closed when the 
attendance falls below one-fifth of the school census, but may be 
closed by the committee with the approval of the county superintend- 
ent of schools. See section 4164. 

5. All of section twenty-six relating to county teachers' institute 
and school is stricken out and a neAv section, which explains itself, 
is substituted in place of it. See section 4167. 

6. The per diem of members of county boards of education in 
every county is fixed at tw^o dollars. See section 4134. 

7. By striking out the words "unless prevented by geographical 
reasons or sparsely settled neighborhoods" in section twenty-nine, 
the county boards of education are now absolutely prohibited by law 
from creating any new school district with less than sixty-five chil- 
dren. See section 4129. 



8. Where necessary, an existing school-house site may be enlarged 
by the same sort of condemnation proceedings as is now provided for 
procuring new sites. See section 4131. 

9. Only certain essential elementary branches specifically named 
can be taught in public schools employing only one teacher. Public 
schools employing more than one teacher may teach in addition to 
these certain higher branches and high school studies after first mail- 
ing provision for the thorough teaching of the elementary branches. 
There is practically no change in the branches required to be taught 
in the public schools, but thoroughness in the elementary branches is 
emphasized, and neglect of these branches for the higher branches 
is prevented by limiting the subjects that may be taught in schools 
with one teacher and specifying additional subjects that shall be 
taught in schools with more than one teacher. See section 4087. 

10. Two additional public examinations of teachers may be held 
by the county superintendent with the approval of the county board 
of education after a notice of at least ten days. Private examina- 
tions of applicants for teachers' certificates are discouraged by for- 
bidding the county superintendent to give such examinations unless 
applicants can give a reasonable excuse for failure to attend the pub- 
lic examinations, and by requiring a fee of three dollars instead of 
one dollar for such examinations. With four examinations a year 
there ought to be little necessity for private examinations. See sec- 
tion 4162. 

11. All doubt as to the requirement that the county superintendent 
shall visit the public schools of his county while in session is removed 
by striking out the words "under the direction of the county board 
of education." See section 4141. 

12. Sheriffs are required in their settlement with the treasurer to 
make separate accounts of insolvents and delinquents allowed on 
property or capitation tax, and the county superintendent is required 
to file in his office copies of fines and penalties reported by justices 
of the peace to the clerk of the superior court. See section 4111. 

13. The section of the law prescribing the form of reports by 
public school teachers is so changed as to make these reports conform 
to the new teachers' registers. See section 4165. 

14. In cases of contract with teachers of a private school for teach- 
ing the public school in connection therewith, tuition may be charged 



6 



for instruction in higher branches of study, provided the apportion- 
ment of funds for the public school of the district would, in the opin- 
ion of the county board of education, be insufficient to provide instruc- 
tion in these higher branches of study if the public school were taught 
separately. See section 4151. 

15. The proper machinery for the establishment of public town- 
ship high schools by township tax levied by a vote of the people, and 
for the establishment of such township high schools without the levy- 
ing of a special tax where the public school funds are sufficient for 
that purpose, is provided. See section 4113. 

16. The expense of holding elections for levying a special tax 
for schools in special tax districts under section seventy-two must be 
paid out of the general county school fund. See section 4115. 

17. The board of education is required to publish annually the 
report of the treasurer of the school fund. See section 4133. 

The principal changes in the rural library act are as foUoAvs : 

1. The appropriation of ten dollars for rural libraries must now 
be made out of the general county school fund instead of the district 
fund. See section 4173. 

2. Provision is made for the establishment of supplementary libra- 
ries in connection with libraries established under the laws of one 
thousand nine hundred and one and of one thousand nine hundred 
and three, and in connection with libraries that may be established 
under the new law of one thousand nine hundred and five, after one 
year from the establishment of the same. See section 4177. 

3. After IvTovember thirtieth, one thousand nine hundred and six, 
and after November thirtieth of every second year thereafter, the 
balance of the biennial appropriation for rural libraries and for sup- 
plementary libraries unused on those dates by the counties and dis- 
tricts entitled thereto shall be available to any county or district com- 
plying with the required conditions, regardless of the number of 
libraries already established in the county. ' See section 4178. 

4. Annual reports from all local managers of libraries to the 
State Superintendent of Public Instruction are required in such form 
and at such time as he shall direct. See section 4175. 



PUBLIC SCHOOL LAW 



OF 



NORTH CAROLINA 



APPLICATION OF CHAPTER. 



4029. This chapter not applicable to certain schools; such 

schools regulated. The provisions of this chapter shall not apply 
to any township, city or town now levying a special tax for schools 
and operating under special laws or charters, or to schools operating 
under section forty-seven, chapter one hundred and ninety-nine, laws 
of one thousand eight hundred and eighty-nine. School districts 
in any city or town now operating under section forty-seven, chapter 
one hundred and ninety-nine, laws of one thousand eight hundred 
and eighty-nine are hereby continued, and all vacancies in the school 
committees therein shall be filled by the county board of education. 
If such districts comprise a township there shall not be appointed 
township school committeemen for such township, and all apportion- 
ments shall be made directly to the committee of such districts. All 
such schools receiving any part of the public school fund shall be 
required to make to the state superintendent and the county super- 
intendent such reports as these officers shall demand, and as are 
made by other public schools to them, and shall be under the gen- 
eral supervision of the state superintendent of public instruction. 
1901, c. 4, s. 73; 1903, c. 435, s. 25. 



STxiTE BOARD. 



4030. Incorporated. The governor, lieutenant governor, secre- 
tary of state, treasurer, auditor, superintendent of public instruc- 
tion, and attorney general shall constitute the state board of educa- 
tion, and by the iiame, the State Board of Education, are cre- 
ated a corporation, and by that name may sue and be sued ; may 
have a common seal; may acquire, receive and hold real, personal 



and mixed property by purchase, gift, devise or otherwise, and may 
sell, dispose of and convey the same ; and may contract and be con- 
tracted with for the purposes provided in this chapter and for such 
other purposes as may be prescribed by law, and to that end may 
make such by-laws for its government and the exercise of its pow- 
ers, and alter the same from time to time in its discretion, as 
shall not be in conflict with the laws of the state and of the United 
States ; and shall be vested with all other powers conferred upon 

corporations under the general law relating to corporations. 

Const, Art. IX, ss. 8, 9, 10 ; Code, s. 2503 ; 1881, c. 200 ; 1903, c. 567, s. 7. 

4031. Officers; quorum; meetings; expenses. Of the board, the 

governor shall be president, the superintendent of public instruc- 
tion shall be secretary, and the treasurer of the state shall be 
treasurer, and a majority of the board shall constitute a quorum 
for the transaction of business. The board shall hold its meetings 
in the executive office, and shall meet at such times as a majority 
of the members may appoint; but the governor may call a meeting 
at any time. The contingent exjienses of the board shall be provided 

for by the general assembly. 

Const, Art IX. ss. 9, 12, 13 ; Code, s. 2504 ; 1881, c. 200, s. 2. 

4032. Proceedings recorded. All the proceedings of the board 

shall be recorded in a well-bound and suitable book, which shall be 

kept in the office of the superintendent of public instruction. 
Code, s. 2505 ; 1881, c. 200, s. 3. 

4033. Succeeds to powers and property, etc., of literary fund. 

The state board of education shall succeed to all the powers and 
trusts of the "president and directors of the literary fund of ISTorth 
Carolina," and shall have full power to legislate and make all need- 
ful rules and regulations for the government of the public schools 
and for the management of the state educational fund. But all 
such acts, rules and regulations of the board may be altered, amended, 
or repealed by the general assembly, and when so altered, amended 
or repealed shall not be re-enacted by the board ; and the board shall 
succeed to and have all the property, powers, rights, privileges and 
advantages which in anywise belonged or appertained to the "presi- 



dent and directors of the literary fund of ISTorth Carolina," and may, 
in its own name, assert, use, apply and enforce the same. 

Const., Art. IX, s. 10 ; Code, s. 2506 ; 1881, c. 200, s. 4 ; R. C, e. 66 ; R. S., cc, 
66, 67. 

4034. Accounts kept; reports made. The state treasurer shall 
keep a fair and regular account of all the receipts and disburse- 
ments of the state literary fund, and shall report the same to the 
general assembly at the same time when he makes his biennial 
account of the ordinary revenue; and the state board of education 
shall report to the general assembly the manner in which the fund 
has been applied or invested, with such recommendations for the 

improvement of the same as to it shall seem expedient. 

Code, s. 2507 ; R. C, e. 66, s. 4 ; 1825, e. 1268, s. 2 ; 1903, c. 507, s. 1. 

4035. How funds invested. The state board of education is 

authorized to invest in l^orth Carolina four per cent, bonds or in 

other safe interest-bearing securities, the interest on which shall be 

used as may be directed from time to time by the general assembly 

for school purposes. 
1891, c. 369. 
Note. For apportionment and use of literary fund, see ss. 4093 and 4094. 

SCHOOLIIOUSE LOANS. 

4053. Made by state board. The state board of education, un- 
der such rules and regulations as it may deem advisable, not incon- 
sistent with the provisions of this chapter, may make loans from 
the state literary fund to the county board of education of any 
county for the building and improving of public schoolhouses in 
such county. But no warrant for the expenditure of any money 
for such purposes shall be issued by the auditor except upon the 
order of the state superintendent of public instruction, with the 

approval of the state board of education. 
1903, c. 567, ss. 1, 2, 8. 

4054. Terms of. Loans made under the provisions of this chap- 
ter shall be payable in ten instalments, shall bear interest at four 
per centum, payable annually, and shall be evidenced by the note 
of the county board of education, executed by the chairman and 
secretary thereof, and deposited with the state treasurer. The first 
instalments of such loan, together with the interest on the whole 



10 



amount then due, shall be paid by the county board on the tenth 
day of February after the tenth day of August subsequent to the 
making of such loan, and the remaining instalments, together with 
the interest, shall be paid one each year, on the tenth day of Feb- 
ruary of each subsequent year till all shall have been paid. 
1903, c. 567, s. 3. 

4055. How secured and paid. At the January meeting of the 
county board of education, before any instalment shall be due on 
the next tenth day of February, the county board shall set apart 
out of the school funds an amount sufficient to pay such instalment 
and interest to be due, and shall issue its order upon the treasurer 
of the county school fund therefor, who, prior to the tenth day of 
February, shall pay over to the state treasurer the amount then due. 
And any amount loaned under the provisions of this law shall be a 
lien upon the total school funds of such county in whatsoever hands 
such fund may be, and upon failure to pay any instalment or 
interest, or part of either when due, the state treasurer may deduct 
a sufficient amount for the payment of the same out of any fund 
due any county from any special state appropriation for public 
schools, or he may bring action against the county board of educa- 
tion of such county, any person in whose possession may be any 
part of the school funds of the county, and the tax collector of such 
county. And if the amount of school fund then on hand be insuffi- 
cient to pay in full the sum so due, then the state treasurer shall 
be entitled to an order directing the tax collector of such county to 
pay over to the state treasurer all moneys collected for school pur- 
poses until such debt and interest shall have been paid. 

1903, c. 567, s. 4. 

4056. Loans by county boards to school districts. The county 

board of education, from any sum borrowed under the provisions 
of this chapter, may make loans to any district in such county for 
the purpose of building schoolhouses in such district, and the 
amount so loaned to any district shall be payable in ten annual 
instalments, with interest thereon at four per centum, payable annu- 
ally. At the January meeting of such county board it shall deduct 
from the apportionment made to any district which has borrowed 
under the provisions of this chapter, the instalment and interest 



11 



then due, and shall continue to deduct such amount at each annual 

January meeting until the whole amount shall have been paid, 

together with interest. 
1903, e. 567, s. 5. 

PUBLIC SCHOOLS. 

4085. Uniform system; compulsory attendance. The people 

have the right to the privilege of education and it is the duty of the 
state to guard and maintain that right ; and religion, morality and 
knowledge being necessary to good government and the happiness 
of mankind, schools and the means of education shall forever be 
encouraged. The general assembly shall provide by taxation and 
otherwise, for a general and uniform system of public schools, wherein 
tuition shall be free of charge to all children of the state between the 
ages of six and twenty-one years. And the general assembly is 
empowered to enact that every child, of sufficient mental and physi- 
cal ability, shall attend the public schools during the period between 
the ages of six and eighteen years, for a term of not less than six- 
teen months, unless educated by other means. 
Const., Art. I, s. 27; Art. IX. ss. 1, 2, 15. 

4086. Separate schools for races; no discrimination against 

either race. The children of the white race and the children of 
the colored race shall be taught in separate public schools ; but there 
shall be no discrimination in favor of or to the prejudice of either 
race. All white children shall be taught in the public schools pro- 
vided for the white race, and all colored children shall be taught 
in the public schools provided for the colored race ; but no child 
with negro blood in his veins, however remote the strain, shall 
attend a school for the white race; and no such child shall be con- 
sidered a white child. The descendants of the Croatan Indians 
now living in Robeson and Richmond counties shall have separate 

schools for their children as hereinafter provided in this chapter. 
Const, Art. IX, s. 2 : 1901, c. 4, s. 68 ; 1903, c. 435, s. 22. 

4087. What taught. The branches to be taught in all the public 
schools shall be spelling, reading, writing, arithmetic, drawing, lan- 
guage lessons and composition, English grammar, geography, the his- 
tory and the Constitution of I^orth Carolina and of the United States, 
elements of agriculture and oral instruction in elementary physi- 



12 



ology and hygiene, including the nature and effect of alcoholic 
drinks and narcotics : Provided, that in public schools employing 
more than one teacher the elements of civil government, physiology 
and hygiene, including the nature and effect of alcoholic drinks and 
narcotics and such other subjects of study as the state board of edu- 
cation may direct, shall be taught after adequate provisions shall 
have first been made for the thorough teaching of the branches before 

named. 

1905, c. 533, s. 9 ; 1901, c. 4, s. 37. 

Note. — -County superintendents and school committees sliould insist on en- 
forcement of tliis section, limiting instruction in schools with onlj' one teacher 
to the elementary subjects that are the foundation of an education, and allow- 
ing instruction in other branches only in schools with more than one teacher, 
and only after adequate provision has been made in these for thorough instruc- 
tion in the first-named subjects. The younger children must not be neglected 
for the older, the primary classes for the advanced. The higher branches 
mentioned in section 4113 may be taught if time and funds and the number of 
teachers permit. 

4088. Oath of office taken by officials. The members of the 

county board of education, the school committeemen and the county 

superintendent of public instruction shall, before entering upon the 

duties of office, take oath for the faithful performance thereof. 
1901, c. 4, s. 45. 

STATE SUPERINTENDENT. 

4089. Shall equip office, print and circulate school law, super- 
intend public schools. The superintendent of public instruction of 
ISTorth Carolina shall have the school laws published in pamphlet 
form and distributed on or before the first day of May of each year. 
He shall send to each officer a circular letter, enumerating his duties 
as prescribed in this chapter. He shall have printed all the forms 
necessary and proper for the purposes of this chapter, and shall 
look after the school interest of the state, and report biennially to 
the governor, at least five days previous to each regular session of 
the general assembly, which report shall give information and sta- 
tistics of the public schools and recommend such improvements in 
the school law as may occur to him. He shall keep his office at 
the seat of government, and shall sign all requisitions on the aud- 
itor for the payment of money out of the state treasury for school 



13 



purposes. Copies of his acts and decisions, and of all papers kept 
in his office and authenticated by his signature and official seal, 
shall be of the same force and validity as the original. He shall be 
furnished with such room, fuel and stationery as shall be necessary 
for the efficient discharge of the duties of his office. 

4090. Shall construe and enforce law; ascertain best school 

methods. He shall direct the operations of the sj^stem of public 
schools and enforce the laws and regulations in relation thereto. 
The county board of education and all other school officers in the 
several counties shall obey the instructions of the state superintend- 
ent and accept his constructions of the school law. It shall be his 
duty to correspond with leading educators in other states, and to 
investigate systems of public schools established in other states, and, 
as far as practicable, render the results of educational efforts and 
experiences available for the information and aid of the legislature 

and state board of education. 
1901, c. 4, s. 8; 1903, e. 435, s. 1. 

4091. Shall counsel county boards; hold Institutes, etc. It 

shall be his duty to acquaint himself with the peculiar educational 

wants of the several sections of the state, and he shall take all 

proper means to supply such wants, by counseling with county boards 

of education and county superintendents, by lectures before teachers' 

institutes, and by addresses to public assemblies on subjects relating 

to public schools and public school work. 
1901, e, 4, s. 9. 

4092. Duties as to loan fund. He shall go to any county when 
necessary for the due execution of the law creating a permanent 
loan fund for the erection of public schoolhouses. He shall include 
in his annual reports a full showing of everything done under the 
provisions of the law creating the permanent loan fund for the erec- 
tion of public school buildings, 

1903, c, 751, ss. 11, 12. 

FUNDS FROM THE STATE. 

4093. Special permanent fund. The proceeds of all lands that 
have been or may hereafter be granted by the United States to this 
state, and not otherwise appropriated by this state or the United 



14 



States, also all moneys, stocks, bonds and any other property now 
belonging to any state fund, for the purposes of education, also the 
net proceeds of sales of swamp lands belonging to the state, and all 
other grants, gifts or devises that have been made or hereafter may 
be made to this state, and not otherwise appropriated by this state 
or by the terms of the grant, gift or devise, shall be paid into 
the state treasury, and, together with so much of the ordinary 
revenue of the state as may be set apart for that purpose, shall be 
faithfully appropriated for establishing and maintaining a system 
of free public schools, as established in pursuance of the constitu- 
tion and for no other purpose whatsoever. And all funds of the 
state heretofore derived from the sources enumerated in section four, 
article nine of the state constitution, and all funds that may be 
hereafter so derived, together with any interest that may accrue 
thereon, shall be a fund separate and distinct from the other funds 

of the state, to be kno^\Ti as the state literary fund. 
Const, Art. IX. s. 4 ; 1901, c. 4. s. 4 ; 1903, c. 567, s. 1. 

4094. Apportionment of income of school fund. The state board 

of education shall, on the first Monday in August of each and every 

year, apportion among the several counties of the state all the 

school funds which may be then in the treasury of the board, and 

order a warrant for the full apportionment to each county, which 

apportionment shall be made on the basis of the school population, 

but no part of the permanent school fund shall be apportioned or 

distributed, but only the income therefrom. The state auditor shall 

keep a separate and distinct account of the public school funds, and 

of the income and interest thereof, and also of such moneys as may 

be raised by state, county and capitation tax, or otherwise, for school 

purposes. 
1901, c. 4, s. 1. 

4095. Apportionment, how paid. Upon the receipt of the requisi- 
tion of the treasurer of any coimty, duly approved by the chair- 
man and secretary of the county board of education for the school 
fund which may have been apportioned to such county, the state 
board of education shall issue its warrant on the state auditor for 
the sum due such county, whereupon the auditor shall draw his 
warrant on the treasurer of the state board of education in favor 



15 

of such county treasurer for the amount set forth in the warrant of 

the state board. 
1901, c. 4, s. 2. 

4096. Warrants, how drawn and indorsed. The state treasurer 

shall receive and hold as a special deposit all school funds paid into 

the treasury, and pay them out only on the warrant of the auditor, 

issued on the order of the state board of education in favor of a 

county treasurer, duly endorsed by the county treasurer in whose 

favor it is drawn, and it shall be the only valid voucher in the hands 

of the state treasurer for the disbursement of school funds. 
1901, c. 4, s. 3. 

4097. Annual appropriation for distribution. One hundred thou- 
sand dollars is hereby appropriated, annually, out of the state treas- 
ury for the benefit of the public schools, to be distributed to the 
respective counties of the state, per capita as to school population, 
on the first Monday in January of each year, usin_^ the school census 

of the previous scholastic year as a basis of apportionment. 
1901, c. 543, s. 1. ' 

4098. Warrants, how drawn. The superintendent of public in- 
struction shall issue warrants upon the state auditor for the amount 
due each county under the next preceding section, such warrants 
to be drawn in favor of the county treasurer of each county to be 

credited to the general public school fund of the county. 
1901, e. 543, s. 2. 

4099. Annual appropriation to equalize schools. One hundred 

thousand dollars, or so much thereof as may be necessary, is hereby 
appropriated annually out of the state treasury for the purpose of 
bringing up to the constitutional requirement for a four months' 
public school term in each school district in the state, those public 
schools whose terms, after the distribution and application of all 
other school funds, do not comply with such requirement, to be 
distributed and applied in the manner hereinafter set forth. The 
subsequent provisions of this subchapter shall apply only to the dis- 
tribution of the hundred thousand dollars appropriated under this 
section, and in the event that such sum shall be insufiicient for the 
purpose specified, then it shall be apportioned by the state board of 



16 



education pro rata, or in such manner as that board may deem 

fair and equitable among the counties applying for aid hereunder. 
1901, c. 543, s. 3 ; 1903, e. 751, s. 3. 

4100. Reports required to obtain part of fund to equalize 

schools. At the January meeting of each year the county board of 
education of each county shall report to the state superintendent of 
public instruction the school districts in such county which can 
not have a four months' term, designating each by number and 
township, with a statement of funds available for school purposes 
for each of such districts, funds obtained by special local taxes and 
balances brought over from preceding fiscal year not to be included 
in such statement, the census and monthly running expenses thereof, 
the number of pupils enrolled, the average daily attendance, the 
salary paid to teachers in such district and such additional facts 
in regard thereto as may be required by the state superintendent. 
The county board of education shall likewise report the school cen- 
sus of the entire county, the total school funds available, the total 
apportionment made at such January meeting and the total amount 

left unapportioned. 
1903, c. 751, s. 4. 

4101. State board to fix amount to be paid each school. The 

state superintendent shall forthwith lay these facts before the state 
board of education, which shall thereupon, after full investigation, 
fix and determine the amount which must necessarily be apportioned 
to each district to enable it to have a four months' term ; but in fix- 
ing such amount no consideration shall be had of any funds availa- 
ble by reason of special local taxes, and any rural district having 
funds raised by such local tax shall be entitled to the same appro- 
priation under this title as if there had been no such funds. 
1903, c. 751, s. 5. 

4102. Statement of apportionment filed with auditor; warrants 

issued. When such apportionment shall have been so made, an 
itemized statement thereof shall be filed with the auditor, who shall 
thereafter, upon the warrant of the state superintendent of public 
instruction, issue his warrant upon the state treasurer, payable to 
the county treasurer of each of the respective counties in the sum 
shown by such itemized statement to have been appropriated to such 



17 



county. The amount designated as having been apportioned to each 
district shall be available for that district only and only for the spe- 
cific purpose of providing a four months' school term. 
1903, e. 751, s. 6. 

4103. Schools of less than sixty-five excluded, when. No school 

with a school census of less than sixty-five shall receive any benefit 
under this subchapter unless the formation and continuance of such 
district shall have been for good and sufiicient reasons, to-wit, sparsity 
of population or peculiar geographical conditions, such as intervening 
streams, swamps or mountains, such reasons to be set forth in an 
afiidavit by the chairman of the county board and the county superin- 
tendent, and to be approved by the state superintendent of public 
insj,ruction. 
1903, c. 751, s. 7. 

4104. What necessary to procure fund for equalizing schools. 

ISTo appropriation shall be made to any county unless the county 
superintendent, the chairman of the board of county commissioners 
and the clerk of the superior court shall make afiidavit to the effect 
that all fines, penalties, forfeitures and other moneys properly be- 
longing to the school fund have been so applied, and that the consti- 
tutional limit of taxation has been reached in such county. 
1903, c. 751, s. 8. 

4105. Teachers' salaries as basis for apportionment. In cal- 
culating the necessary monthly expenses of districts applying for aid 
under this subchapter, not more than the average monthly salary paid 
white teachers in the state for the preceding year shall be allowed 
each white teacher, and not more than the average monthly salary 
paid colored teachers in the state for the preceding year shall be 
allowed each colored teacher, and no second-gTade teacher of either 
race shall be allowed more than the salary paid second-grade teachers 
of that race in that county. And to any school having more than 
one teacher only such average salary shall be allowed for every thirty- 
five pupils enrolled therein. 

1903, c. 751, s. 9. 

4106. Excessive appropriations for schoolhouses exclude from 

benefits of this subchapter. Xo appropriation shall be made to any 
county wherein has been expended or set aside during the fiscal 



18 



year for the purpose of building sclioolhouses a percentage of tlie 
total school fund of such county greater than the following : In 
counties with a total school fund of five thousand dollars or less, not 
to exceed twenty per centum thereof; in counties with a total school 
fund of over five thousand dollars and not more than ten thousand 
dollars, not to exceed sixteen per centum thereof ; in counties with 
a total school fund of over ten thousand dollars and not more than 
twenty-five thousand dollars, not to exceed ten per centum thereof; 
in counties with a total school fund of over twenty-five thousand dol- 
lars, not to exceed seven and one-half per centum thereof. Nor shall 
any appropriation be made under this subchapter to any county if 
it appear that the requirements of the school law in regard to the 
apportionment of funds to the various districts have not been com- 
plied with in all respects. 
1903. c. 751, s. 10. 

FUNDS FROM THE COUNTY. 

4107. County educational fund for free public schools. All 

moneys, stocks, bonds and other property belonging to a county school 
fund, also the net proceeds from sales of estrays, also the clear pro- 
ceeds of all penalties and forfeitures, and of all fines collected in 
the several counties for any breach of the penal or military laws of 
the state, and all moneys which shall be paid by persons as equiva- 
lent for exemption from military duties; also the net proceeds of 
any tax imposed on licenses to retailers of wines, cordials, or spiritu- 
ous liquors and to auctioneers, shall belong to and remain in the 
several counties, and shall be faithfully appropriated for establishing 
and maintaining free public schools in the several counties as estab- 
lished in pursuance of the constitution. The amount collected in 
each county shall be reported annually to the state superintendent 

of public instruction. 

Const, Art. IX, s. 5 ; 1901, c. 4, s. 5. 

4108. County officers file list of fines and penalties with county 

board of education. The clerks of all state and municipal courts 
and the clerks or other officials having in custody the records of 
any city or town in the state shall furnish to the county board of 
education of their respective counties, on the first Monday of July 
and January of each year, a detailed statement of fines, forfeitures 



19 



and penalties which go to the school fund that have been imposed, or 

which have accrued. 
1901, c. 4, s. 62. 

4109. Tax lists to have separate columns for school taxes. 

The auditor shall include on the form which he furnishes to the 
board of county commissioners and on which the tax lists are to 
be made out, separate columns for school poll tax and school prop- 
erty tax. In one of these columns shall be written the total poll 
tax levied by the state and by the county authorities for schools, 
and due by the taxpayer. In the other column shall be written the 
total property tax levied by the state and by the county authorities, 

and due by the taxpayer. 
1901, c. 4, s. 60. 

4110. Register of deeds to furnish abstracts of tax lists to 

county board. The register of deeds shall furnish to the county 

board of education, as soon as the tax lists are made out, an abstract 

of such lists, showing in separate columns the total amount of poll 

tax on such lists, and also the total amount of property tax thereon ; 

and shall furnish such other information from his office as the 

county board of education may require. 
1901, c. 4, s. 61. 

4111. Sheriff's liability, civil and criminal, for failure to settle 

school tax. The sheriff of each county shall pay annually, in money, 
to the treasurer of the county school fund, on or before the thirty- 
first day of December of each year, the whole amount for school 
purposes collected by both state and county, less his lawful commis- 
sion for collecting the same, and such sum as may be allowed on 
account of insolvents for the current year; and on failing to do so 
shall be liable to an action on his official bond for his default in 
such sum as will cover such default, such action to be brought to. 
the next ensuing term of the superior court in the name of the state 
upon the relation of the board of county commissioners. In making 
settlement with the treasurer the sheriff or tax collector shall make 
separate account of insolvents and delinquents allowed, whether on 
property or capitation tax. The county superintendent shall make 
copies of the fines and penalties reported by justices of the peace and 



20 



reported to clerk of superior court and file the same with the county 

board. 

Code. s. 723 ; 1901, c. 4, s. 54 ; 1905, e. 533, s. 20. 

4112. Special tax for support of public schools. If the tax 

levied for the state for the support of the public schools shall be 
insufficient to maintain one or more schools in each school district 
for the period of four months, then the board of commissioners of 
each count}^ shall .levy annually a special tax to supply the deficiency 
for the support and maintenance of such schools for the period of 
four months or more. The tax shall be collected by the sheriff in 
money, and he shall be subject to the same liabilities for the collec- 
tion of and accounting for such tax as for other taxes. The tax 
shall be levied on all property, credits and polls of the county; 
and in the assessment of the amount on each the commissioners 
shall observe the constitutional equation of taxation; and the funds 
thus raised shall be expended in the county in which collected, in 
such manner as the county board of education may determine for 
maintaining the public schools for four months at least in each 
year. But the county board of education shall not be required to 
expend upon a district containing less than sixty-five pupils the 
same sum it may give to larger districts, notwithstanding an ine- 
quality of length of school terms may be the result. The county 
board of education, on or before the annual meeting of the commis- 
sioners for levying county taxes, shall make an estimate of the 
amount of money necessary to maintain the schools for four months 

and submit it to the board of county commissioners. 
1901, c. 4, s. 6. 

4113. Special tax may be voted for township high schools. In 

any township upon petition of one-fourth of the freeholders of the 
township, approved by the county board of education, the board of 
county commissioners after thirty days' notice at the courthouse 
door and three public places in the township shall hold an election 
to ascertain the will of the people within the township whether there 
shall be levied in said township a special annual tax of not less than 
ten cents nor more than thirty cents on the one hundred dollars valua- 
tion of property and not less than thirty cents nor more than ninety 
cents on each poll, in addition to all other taxes levied for all other 



21 



purposes, to be used for the establishment of a central high school 
or high schools in said township in case such special tax is voted. 
The board of county commissioners shall appoint a registrar and 
order a new registration for said township, and said election shall be 
held in the said township under the law governing general elections 
as nearly as may be, and the expenses of such election shall be paid 
out of the general county school fund. At said election those who 
are in favor of the levy and collection of said tax shall vote a ticket 
on which shall be printed or written the words "For High School 
Tax" and those who are opposed shall vote a ticket on which shall 
be printed or written the words "Against High School Tax." In 
case a majority of the qualified voters at said election are in favor of 
said tax, then so much of the tax on property and polls herein provided 
for as in the judgment of the committee may be necessary shall be 
annually levied and collected in the manner prescribed for the levy 
and collection of other taxes. All moneys levied under the provisions 
of this section shall upon collection be placed by the treasurer of the 
county school fund to the credit of the township high school commit- 
tee, composed of three members, appointed by the county board of 
education, and shall be expended exclusively by said committee in 
establishing and maintaining one or more high schools in said town- 
ship under such rules and regulations as to its conduct and such 
course or courses of study as shall be prescribed by the state superin- 
tendent of public instruction. The powers, duties and qualifications 
of the committeemen provided for in this section shall be similar to 
those of other school committeemen and they shall have the same 
power to apportion the funds so raised as is conferred upon the county 
board of education for apportionment of the general fund among the 
schools of the township. And the provisions of this section shall not 
be so construed as to prevent the teaching of the elementary branches 
in such high schools as may be established nor so construed as to pre- 
vent the county board of education from making such apportionment 
of public school funds to such high schools as they may deem equita- 
ble and just: Provided, that township high schools may also be estab- 
lished without the levying of a special high school township tax where 
the public funds are sufiicient for that purpose, under such rules and 
regulations as to organization and course of study as the state super- 
intendent of public instruction shall prescribe : Provided further, 



22 



that high school subjects may be taught in all public schools employing 
more than one teacher according to such rules and regulations as to 
organization and course of study as shall be prescribed by the state 
superintendent of public instruction where the public funds are suffi- 
cient to provide for such teaching, but the high school branches taught 
in such schools shall not interfere with the thorough teaching of the 

elementary branches. 

1901, c. 4, s. 71 ; 1905, c. 533, s. 13. 

4114. Special tax may be voted in cities and towns. In every 

incorporated city or town in which there is not now levied a special 
tax for schools, upon a petition signed by one-fourth of the freeholders 
therein, the board of aldermen or town commissioners of said city 
or town shall, at the date of municipal or general election next ensu- 
ing upon the presentation of said petition order an election to be held 
to ascertain the will of the people whether there shall be levied in 
such city or town a special annual tax of not more than thirty cents 
on the one hundred dollars valuation of property and ninety cents 
on the poll to supplement the public school fund in such city or town. 
Said election shall be held in the different election precincts or wards 
under the law^ governing municipal or general elections in said cities 
or towns. At said election those who are in favor of the levy and 
collection of said tax shall vote a ticket on which shall be printed or 
written the words "For Special Tax," and those who are opposed 
shall vote a ticket on which shall be printed or written the words 
"Against Special Tax." In case a majority of the qualified voters 
at said election is in favor of said tax the same shall be annually 
levied and collected in such town or city in the manner prescribed 
for the levy and collection of other city taxes, i^ll moneys levied under 
the provisions of this section shall, upon collection, be placed to the 
credit of the town school comuiittee, composed of not less than five 
nor more than seven members, appointed by the board of aldermen 
for said city or town, and shall be, by said committee, expended 
exclusively upon the public schools in said city or town, and there 
shall be but one school district in the said city or towm, in which there 
may be established one or more schools for each race, and the school 
committee shall apportion the money among said schools in such man- 
ner as in their judgment will equalize school facilities. 
1901, c. 4, s. 71. 



23 

4115. Special tax may be voted in special school districts. 

Special school tax districts may be formed by the county board of 
education in any county without regard to township lines under the 
following conditions : Upon a petition of one-fourth of the free- 
holders within the proposed special school district, endorsed by the 
county board of education, the board of county commissioners, after 
thirty days' notice at the courthouse door and three public places in 
the proposed district, shall hold an election to ascertain the will of 
the people within the proposed s]3ecial school district whether there 
shall be levied in such district a special annual tax of not more 
than thirty cents on the one hundred dollars valuation of property 
and ninety cents on the poll to supplement the public school fund, 
which may be apportioned to such district by the county board of 
education, in case such special tax is voted. The board of county 
commissioners shall appoint a registrar and order a new registration 
for such district and the election shall be held in the district under 
the law governing general elections as near as may be : Provided, 
the expense of holding said election shall be paid out of the general 
school fund of the county. At such election those who are in favor 
of the levy and collection of the tax shall vote a ticket on which shall 
be printed or written the words "For Special Tax," and those who 
are opposed shall vote a ticket on which shall be printed or written 
the words "Against Special Tax." In case a majority of the quali- 
fied voters at the election is in favor of the tax, the same shall be 
annually levied and collected in the manner prescribed for the levy 
and collection of other taxes. All moneys levied under the provis- 
ions of this section shall, upon collection, be placed to the credit of 
the school committee in such district, wdiich committee shall be 
appointed by the county board of education ; and such school com- 
mittee shall apportion the money among the schools in such district in 

such manner as in its judgment shall equalize school facilities. 
1901, c. 4, s. 72; 1903, e! 435, s. 24; 1905, c. 533, s. 14. 

4116. Apportionment of school funds; reservation of contin- 
gent fund. The county board of education shall, on the first Mon- 
day in January and the first Mondaj^ in July of each year, appor- 
tion the school fund of the county to the various townships per 
capita ; but it shall, before apportioning the school fund to the vari- 



24 



ous townships, reserve, as a contingent fund, an amount sufficient 
to pay the salary of the county superintendent and per diem and 
expenses of the county board of education; and shall set aside one- 
sixth, if necessary, of the total school fund to be used in securing 
a four months' school term in every school in the county; and may 
further reserve, as a fund for building and repairing schoolhouses 
and for equipment, in counties with a total school fund of five thou- 
sand dollars or less, not more than twenty per centum thereof; in 
counties with a total school fund of over five thousand dollars and 
not more than ten thousand dollars, not more than sixteen per cen- 
tum thereof; in counties with a total school fund of over ten thou- 
sand dollars and not more than twenty-five thousand dollars, not 
more than ten per centum thereof; in counties with a total school 
fund of over twenty-five thousand dollars, not more than seven and 
a half per centmn thereof; to be used as directed in section four 
thousand one hundred and twenty-four. It shall be the duty of the 
county board of education to distribute and apportion the school 
money of each township so as to give to each school in the township 
for each race the same length of school term as nearly as may be each 
year. In making such apportionment the board shall have proper 
regard for the gTade of work to be done and the qualifications of the 
teachers required in each school for each race. As soon as the appor- 
tionments are made it shall be the duty of the board to notify the 
school committeemen and the treasurer of the county school fund of 
the amount apportioned to each school, designating each school by 
number, and stating whether for white, colored or Indian, and nam- 
ing the township and county. Funds unused by any district during 
any year shall, if still unused at the January meeting subsequent 
to the close of the school year, be returned to the general school fund 
for reapportionment, unless such district shall have been prevented 
from using such funds during that year by providential or other 

unavoidable causes. 

1901, c. 4, s. 24 ; 1903, c. 435, s. 9. 

Note. — 1. The Contingent Fund. — This fund must be reserved before appor- 
tionment and can be used only for the expenses specifically mentioned herein, 
the salary of the couuty superintendent and the per diem and expenses of the 
county board of education. 

2. The fund for aiding in iringing weak districts to a four months' term. — 
rhis fund must be reserved in all counties having more than a four months' 



25 

tenn in the schools of some townships and less than a four months' term in 
the schools of other townships. In such counties such a fund, up to the maxi- 
mum of one-sixth of the total school fund, must be used for lengthening the 
terms in all weak districts before one cent can be given for this purpose out 
of the second hundred thousand dollars appropriated by the State. (See sec- 
tions 4099 and 4106). This fund need not be reserved in counties having a 
four months' term in all schools or in counties not having it in any. The pur- 
pose of this provision is to require all counties that are able to use a reason- 
able part of their own funds to help their own weak districts to have a four 
months' term before asking the State to aid them, thus making such counties 
bear a part of their own burden. If reserved at all, this fund also must be 
reserved before apportionment. 

3. The Building Fund. — The reserving of a building fund is permissive and 
not compulsory, but such a fund should be reserved in every county needing 
new^ or better buildings, and when reserved it must also be deducted before 
the apportionment is made. The maximum per cent, of the total fund that 
may be set aside for building is fixed herein for the various counties, but of 
course any smaller per cent, may, if sufficient, be set aside. I think it but 
fair, and I am sure it is wise, to divide the burden of the expense of building 
between the county and the district, as directed also in section 4124. (See 
that section and the note thereon). If each district were required to bear 
out of its apportionment the entire expense of building, many weak districts 
w^ould be compelled to close their schools for one or more years, and the 
important work of building and improving schoolhouses would be greatly 
retarded. Districts applying for aid from the special appropriation for a 
four months' school term will be required to account for their entire apportion- 
ment, and will not be allow^ed to make up out of this appropriation the deficit 
caused by using all or part of their apportionment for building. 

4. The Apportionment. — After reserving as much as the board in its discre- 
tion may determine to be necessary for the above funds within legal limits, 
the balance of the total school fiuid must be apportioned to the various town- 
ships per capita. The township must be the unit of apportionment. The 
part of each township is easily determined by dividing the balance of the 
total fund to be apportioned by the total number of children of school age in 
the county and multiplying this quotient by the total number of children of 
school age in the towmship. The county board of education should then fix 
the maximum salary for each school for each race in each township, as author- 
ized in section 4163, and then reapportion each township's money between the 
races and among the different schools of each race as directed herein. In this 
reapportionment large discretion is given to the boards, and much judgment 
and care should be exercised by them so as to avoid discrimination or injustice 
and to equalize as nearly as may be school terms. 

5. Unused Funds. — Funds unused by any district at the January meeting 
subsequent to the close of the school year must be reapportioned, unless the 
board decides that they were not used on account of providential or other 
unavoidable causes. 

4117. Apportionment, basis of. The semi-annual apportionment 
of public school money shall be based upon the amounts actually 



26 



received by the covinty treasurer from all sources and reported by 
him to the county board of education as required by this chapter. 
1901, c. 4, s. 25. 

41 1 8. Fiscal school year. The fiscal school year shall begin on 
the first day of July and close on the thirtieth day of June next suc- 
ceeding. 

1901, c. 4, s. 67. 

COUNTY BOARD OF EDUCxiTION. 

4119. Election of; vacancies in, how filled. The general assem- 
bly shall biennially appoint three men in each county, of good busi- 
ness qualifications and known to be in favor of public education, 
who shall constitute the county board of education. The term of 
ofiice of the members of the county board of education so appointed 
shall begin on the first Monday in July next succeeding their ap- 
pointment, and shall continue for two years and until their succes- 
sors are duly appointed and qualified. In case of a vacancy in the 
county board of education by death, resignation or otherwise, such 
vacancy shall be filled hj the remaining members of such county 
board ; but if such vacancy should remain unfilled for thirty days 
after it occurs, it shall be filled by the state board of education. 
Upon failure of the general assembly to appoint the three members 
of the county board of education for any county as herein provided, 
or any one or more of such members, such failure shall constitute 
a vacancy which shall be filled by the state board of education : Pro- 
vided, that no person while actually engaged in teaching in the pub- 
lic schools shall be eligible as a member of the county board of educa- 
tion. 

1901. c. 4. s. 12 ; 1903. c. 269. c. 435. s. 3 ; 1905, c. 533, s. 3. 

4120. Qualification of members; failure to qualify; vacancy. 

Those persons who shall be appointed members of the county board 
of education by the general assembly must qualify by taking the oath 
of office on or before the first Monday in July next succeeding their 
appointment. A failure to qualify within that time shall constitute a 
vacancy, which shall be filled by the state board of education. Those 
persons who shall be elected or appointed to fill a vacancy must 
qualify within thirty days after notification thereof. A failure to 



27 

qualify within that time shall constitute a vacancy to be filled by 
the board which made such election or appointment, 

4121. Incorporated; powers and duties of. The county board 

of education shall be a body corporate by the name and style of 

The County Board of Education of , County, and by that 

name shall be capable of purchasing and holding real and personal 
estate, of building and repairing schoolhouses, of selling and trans- 
ferring the same for school purposes, and of prosecuting and de- 
fending suits for or against the corporation. It shall have power 
and authority, and it shall be its duty, to institute and prosecute 
any and all actions, suits or proceedings against any and all officers, 
persons or corporations, or their sureties, for the recovery, jDreserva- 
tion and application of all moneys or property which may be due 
to or should be applied to the support and maintenance of the schools, 
except in case of a breach of his bond by the treasurer of the county 
school fund, in which case action shall be brought by the county com- 
missioners as is hereinafter provided. 
1901, c. 4, s. 13 ; 1903, c. 435, s. 4. 

4122. Rules and regulations for schools, teachers and pupils. 

The county board of education shall have power and authority to 
fix and determine the methods of conducting the public schools in 
their respective counties so as to furnish the most advantageous 
methods of education available to the children attending the pub- 
lic schools in the several counties of the state; and such board and 
the county superintendent of public instruction shall have full power 
to make all just and needful rules and regulations governing the 
conduct of teachers and pupils as to attendance on the schools, disci- 
pline, tardiness and the general government of the schools. 
1903, c. 435, s. 4. 

Note. — Somewhat full powers are vested in the county board of education 
and the county superintendent for the regulation and government of the 
schools by this section. Under this general authority they have a right to 
malve any reasonable requirement of teachers that would contribute to the 
attendance and success of the school or to the efficiency of the teacher. Where 
the conditions are favorable, for example, they would have a right to require 
all teachers to join the county teachers' association and to attend its meetings 
as often as reasonable and to do the work outlined and required. A live 
superintendent could make such an association exceedingly helpful in the 



28 



improvement of his teachers, especially if he can secure, as some county super- 
intendents have succeeded in doing, a worlving teachers' library for his asso- 
ciation. There is no reason why a competent county superintendent should 
not do through such an association for the teachers of the public schools of an 
entire county a work similar to that done by a competent city superintendent 
for the teachers of the public schools of the citj'. The county board and super- 
intendent have about as much authority under this section for the general 
regulation of the county schools as tlie trustees and the superintendent of the 
cit5r schools have for the regulation of them. 

The state superintendent has suggested some rules and regulations for the 
government of the public schools for adoption by county boards, which have 
been approved by the state and district associations of county superintendents. 
Printed copies of these rules and regulations have been sent to all county 
superintendents, and other copies will be sent to any person applying to him. 
These have already been adopted by a number of boards and have been found 
very helpful in the management of the schools. 

4123. Time of opening and closing schools. The time of open- 
ing and closing the public schools in the several public school dis- 
tricts of the state shall be fixed and determined by the county boards 
of education in their respective counties. The board may fix differ- 
ent dates for opening the schools in different townships, but all the 
schools of each township must open on the same date as nearly as 

practicable. 

1903, c. 435, s. 4. 

Note. — The school term is required to be continuous, so far as practicable, 
by section 41G3. Any one with any experience in teaching will understand the 
wisdom of requiring, so far as possible, a continuous term of the public school 
instead of dividing the term into two or more. An interruption in school 
work has the same effect upon it that an interruption of any other sort of 
work has upon that work. It disorganizes and distracts attention. The last 
weeks of a continuous term of 'school are always the most fruitful weeks 
because the friction of organizing and classification has been removed, the 
work is moving smoothly, the daily duties of the children well defined, and 
regular habits of working formed. An interruption of the term, rendering it 
necessary to begin a new term, necessitates loss of time, labor and energy in 
reorganizing the school, in getting the attention of the children again to their 
work, and in reviewing and picking up the stitches dropped during the inter- 
vening vacation. If the term must be divided, it is best, if possible, to divide 
it so that the last part of it may be placed at the beginning of the term of the 
new school year, so as to lengthen that and have a continuous session. 

The economy and convenience of fixing, so far as possible, the same dates 
for the opening of all the schools in a township, so as to have all of them in 
session at the same time, are apparent. Under this plan the county snperin- 
tendent can visit more conveniently and economically the public schools while 
in session and can make his township teachers' meetings much more successful. 



29 



4124. Schoolhouses, building and approval of; contracts for. 

The building of all new schoolhoiises shall be under the control and 
direction of and by contract with the county board of education. 
The board shall pay not exceeding one-half of the cost of the same 
out of the fund set aside for building under section four thousand 
one hundred and sixteen, and the school district in which any school- 
house is erected shall pay the other part, and upon failure of such 
district tp provide its part by private subscription or otherwise the 
board is directed to take it out of the apportionment to that district. 
But the board shall not be authorized to invest any money in any 
new house that is not built in accordance with plans approved by 
the state superintendent of public instruction. All contracts for 
buildings shall be in writing and all buildings shall be inspected, 
received and approved by the county supeiiutendent of public instruc- 
tion before full payment is made therefor. 
1903, c. 435, s. 4. 

Note. — This section places the building of sclioolhouses absolutely under 
the control of the county board of education, and directs them to pay not 
exceeding one-half of the cost of the same out of the building fund set aside 
under section 4110 from the general fund. The balance of the cost must be 
raised by private subscription or paid out of the district fund. Any district 
applying for aid from the second hundred thousand dollars, however, must 
account for its entire apportionment from the county fund, and will not be 
allowed to deduct the amount used for building and make up the deficit out of 
this fund. 

All houses must be built in accordance with plans approved by the state 
superintendent. Plans satisfactory to the state superintendent have been care- 
fully prepared by competent architects and published in pamphlet form for general 
distribution. They may be had upon application to him. These pamphlets eon- 
tain specifications, bills of material, blank contracts and estimates of cost. The 
plans are for houses with from one to eight rooms, and may of course be reason- 
ably modified, or entirely different plans that the superintendent would for good 
reasons approve might be adopted by county boards. 

In many counties self-help could be stimulated, the building fund made to 
go much farther and better houses secured if the county board would adopt a 
general rule of giving for building one dollar for every one or two dollars 
raised by private subscription by the district. In making such propositions 
regard should be had to the ability of different districts. 

County boards ought to build only neat comfortable houses. 

Consolidation of districts can often be secured, where needed, by the refusal 
of county boards to appropriate any money for building new houses in small 
districts that ought to be consolidated. When new houses are built in small 
districts that ought to be abolished, the abolition or consolidation of the dis- 



30 



tricts is rendered much more difficult in all cases, and in some cases almost 
impossible. Great care should be given, therefore, to the proper location of 
new houses. Reduce districts to the smallest possible number, and thereby 
reduce to a minimum the number of necessary houses. Endeavor to secure 
larger and better houses, centrally located in larger districts. This is both 
economy and common sense. Attention should be given also to the selection 
of beautiful, public and accessible sites for schoolhouses. 

Every county board should have a county map, showing the boundaries of 
townships and school districts, the location of schoolhouses, streams, public 
roads, etc. Such a map is a necessity for intelligent action in creating and 
consolidating districts and locating houses. They can in most cases be secured 
at comparatively small cost, especially where the county maps already exist. 
The county board of education and the commissioners should share cost of 
making map where none exists. 

Written contracts are required of builders, and whei'e possible specifications 
should be required. All houses should be carefully inspected, approved and 
received, as required herein, before paid for. 

4125. Power of, to execute school law. In addition to all other 
duties and powers imposed and conferred upon it by law, the county 
board of education shall have general control and supervision of 
all matters pertaining to the public schools in their respective coun- 
ties and are given the powers to execute, and is charged with the 
due execution of, the school laws in their respective counties ; and 
all powers and duties conferred and imposed by this chapter and 
other laws of the state respecting public schools, which are not 
expressly conferred and imposed upon some other official, are con- 
ferred and imposed upon the county boards of education ; and an 

appeal shall lie from all other county school officers to such board. 
1901, c. 4, s. 14. 

4126. Removal of county superintendent, members of county 

board, and school committeemen. In case the state superintendent 
shall have sufficient evidence at any time that any county superin- 
tendent of public instruction or any member of the county board of 
education is not capable of discharging, or is not discharging, the 
duties of his office as required by this chapter, or is guilty of 
immoral or disreputable conduct, he shall report the matter to the 
county, board of education, which shall hear evidence in the case, 
and if, after careful investigation, it shall find sufficient cause for 
his removal, it shall declare the office vacant at once and proceed to 
elect his successor. Either party may appeal from the decision 
of the county board of education to the state board of education, 



31 



which shall have full power to investigate and review the decision 
of the county board of education. This section shall not deprive 
any county superintendent of the right to try his title to his office 
in the courts of the state. In case the county superintendent shall 
have sufficient evidence at any time that any member of any school 
committee is not capable of discharging, or is not discharging, the 
duties of his office, he shall bring the matter to the attention of the 
county board of education, which shall thoroughly investigate the 
charges and shall remove such committeeman and appoint a suc- 
cessor if sufficient evidence shall be produced to warrant his removal 

and the best interest of the schools demand it. 
1901, c. 4, ss. 10, 42. 

4127. May hold investigations; issue subpoenas; service of 

same; appeal to superior court. The county board of education 
shall have power to investigate and pass upon the moral character 
of any teacher in the public schools of the county, and to dismiss 
such teacher, if found of bad moral character ; also to investigate 
and pass upon the moral character of any applicant for a teacher's 
certificate or for employment as teacher in any public school in the 
county. Such investigation shall be made after written notice, of 
not less than ten days, to the person whose character is to be inves- 
tigated. The board shall have powder to issue subpoenas for the 
attendance of witnesses. Subpoenas may be issued in any and all 
matters which may lawfully come within the powers of the board, 
and which, in the discretion of the board, require investigation. 
And it shall be the duty of the sheriffs, coroners and constables to 
serve such subpoenas upon payment of their lawful fees. Appeals 
provided for in this chapter shall be regulated by rules to be adopted 
by the board. The superior courts of the state may review any 
action of the county board of education affecting any one's character 

or right to teach. 
1901, c. 4, s. 15. 

4128. Power to punish for contempt. The county board of edu- 
cation of each county shall have power to punish for contempt, xor 
any disorderly conduct or disturbance tending to interrupt it in the 

transaction of official business. 
1901, c. 4, s. 28. 



32 

4129. School districts, how formed. The county board of edu- 
cation shall divide the townships into convenient school districts, as 
compact in form as practicable. It shall consult the convenience 
and necessities of each race in setting the boundaries of the school 
district for each race, and shall establish no new school in any 
township within less than three miles by the nearest traveled route 
of some school already established in said township; nor shall it 
create any school district with less than sixty-five children of school 
age. Nothing in this chapter shall prevent the board, whenever it 
shall deem it necessary for the good of the public schools, from 
forming a school district out of portions of two or more contiguous 
townships. School districts may be formed out of portions of con- 
tiguous counties by agreement and consent of the county boards of 
education of the two counties ; and, in case of the formation of such 
districts, the per capita part of the public school money due the chil- 
dren residing in one county shall be apportioned by the county board 
of education of that county and paid to the treasurer of the other 
county in which the schoolhouse is located, to be placed to the credit 

of the school district so formed. 
1901, c. 4, s. 29 ; 1903, c. 435, s. 12. 

Note. — The power to divide the townships into school districts is vested 
absolutely in the county board of education. In many counties the best 
interests of the schools demand an intelligent redistricting of many townships. 
I would urge county boards to inform themselves accurately about the school 
districts and the location of the schoolhouses in their respective counties, and 
if necessary have an accurate map of the county made, showing the roads, 
the streams, the centers of population, the location of the schoolhouses, etc. 
Then, with this information before them, set to work tactfully, with the town- 
ship as a unit, to secure, where needed, a more convenient, sensible and just 
division into school districts. Especially in locating new schoolhouses the 
board should be careful to insist upon the enforcement of the law as to size 
and convenience of the district, and should never build a new schoolhouse in 
a district that ought not to exist or that ought to be changed. 

Under this section the power to consolidate districts is also vested abso- 
lutely in the county board. The county board of education should combine 
and consolidate the schools, if necessary, so as to make, where possible, fewer 
and better schools. This end should be kept in view in fixing the boundaries. 
One school with two teachers is better than two schools. If you increase the 
number of schools you shorten the terms and decrease the efficiency of the 
schools. 



33 

4130. May accept donations; may sell school property. The 

county board of education may receive any gift, grant, donation or 
devise made for the use of any school within its jurisdiction. When, 
in the opinion of the board, any schoolhouse, schoolhouse site, or 
other public school property has become unnecessary for public pur- 
poses, it may sell the same at public auction after advertisement of 
twenty days at three public places in the county, or at private sale. 
The deed for the property thus sold shall be executed by the chairman 
and secretary of the board, and the proceeds of the sale shall be 

paid to the treasurer of the county school fund. 
1901, c. 4, ss. 30, 36. 

4131. School sites may be acquired by gift, purchase or con- 
demnation. The county board of education may receive suitable 
sites for schoolhouses by donation or purchase. In case of purchase 
it shall issue an order on its treasurer for the purchase-money, and 
upon payment of the order the title to the site shall vest in the cor- 
poration in fee-simple. Whenever the board is unable to obtain a 
suitable site for a school by gift or purchase, it shall report to the 
county superintendent of public instruction, who shall, upon five 
days' notice to the owner of the land, apply to the clerk of the supe- 
rior court of the county in which the land is situated, for the appoint- 
ment of three appraisers, who shall lay off, by metes and bounds, not 
more than two acres, and assess the value thereof. The same means 
may be used to obtain more land in a district where there is a house 
or a site previously obtained, but not more than two acres shall be 
procured, including the site already obtained. They shall make a 
written report of their proceedings, to be signed by them, or by a 
majority of them, to the clerk within five days from their appoint- 
ment, who shall enter the same upon the records of the court. The 
appraisers and officers shall serve without compensation. If the 
report is confirmed by the clerk, the chairman and the secretary of 
the board shall issue an order on the treasurer of the county school 
fund in favor of the owner of the land thus laid off, and upon the 
payment or offer of payment of this order the title to such land 
shall vest in fee-simple in the corporation. Any person aggrieved 
by the action of the appraisers may appeal to the superior court in 
term, upon giving bond to secure the board against such costs as may 



34 

be incurred on account of the appeal not being prosecuted with 

effect. 

1901, c. 4, s. 31 ; 1903, c. 435. s. 13 ; 1905, c. 533, s. 8. 

Note. — In purchasing sites for schoolhouses it is a great mistake not to 
secure plenty of land, while it is cheap, for play-ground, for future growth, 
and for gardening and study of plant growth on a limited scale. In most 
cases, especially in the country, several acres ought to be purchased, if pos- 
sible. 

4132. Deeds to be filed with clerk; secretary to keep index. All 

deeds to the county board of education shall be registered and deliv- 
ered to the clerk of the superior court for safe-keeping, and the sec- 
retary of the county board of education shall keep an index, by 
townships and school districts, of all such deeds in a book for that 

purpose. 

1901, c. 4, s. 32 ; 1903, c. 435. s. 14. 

Note. — A careful index of all deeds to school property, containing titles and 
reference to books in the office of the register of deeds, where such deeds are 
recorded, should be prepared by the county superintendent. Track can he 
kept of school property in this way and much trouble prevented. 

4133. Meetings of; duties at. The county board of education 
shall meet on the first Monday in January, April, July and Octo- 
ber, and may, if necessary, continue in session two days, and it 
may have called meetings, of one day each, as often as once a month 
if the school business of the county require it. It shall at the meet- 
ing in January, April, July and October, examine the books and 
vouchers, and audit the accounts of treasurer of the county school 
fund. The boards of education of the several counties shall cause 
to be published annually on the first Monday of July the report of 

the treasurer of the school fund. 

1891, c. 460; 1901, c. 4, s. 27; 1903, c. 435, s. 26; 1905, c. 533. s. 21. 

4134. Superintendent and treasurer to meet with, in July, to 

settle all business of fiscal year. On the first Monday in July, 
the county board of education, county superintendent of public 
instruction and treasurer shall meet at the office of the board and 
settle all the business of the preceding fiscal year. The board shall 
on that day examine the reports of treasurer and county superin- 



35 



tendent, and, if found correct, shall direct them to be forwarded to 

the state superintendent. 

1901, e. 4, s. 59 ; 1903, e. 435, s. 20. 

Compensation of members of board. The members of the county 
board of education shall receive tAvo dollars per diem and the same 
mileage as is allowed to the members of the board of county commis- 
sioners of their counties. 

Revisal of 1905, v. I, c. 66, s. 2786. 

COUNTY SUPERINTENDENT. 

4135. Election, qualification and term of office; vacancy. The 

county board of education on the first Monday in July, one thou- 
sand nine hundred and five and biennially thereafter, shall elect a 
county superintendent of public instruction, who shall be, at the 
time of his election, a practical teacher, or who shall have had at 
least two years' experience in teaching school, and who also shall 
be a man of liberal education and shall otherwise be qualified to 
discharge the duties of his office as required by law, due regard 
being given to experience in teaching. Such superintendent must 
be of good moral character and shall hold his office for a term of 
tAvo years from the date of his election and until his successor is 
elected and qualified. Any person who has filled the office of county 
superintendent for four years next preceding the eleventh day of 
March, one thousand nine hundred and one, shall be eligible to 
such office in Bertie and Bladen and Columbus counties, if the 
election of such person meets the approval of the state board of 
education. In case of vacancy by death, resignation, or otherwise, 
in the office of county superintendent such vacancy shall be filled by 
the county board of education. 
1901, c. 4, s. 16 ; 1903, c. 435, s. 5. 

Note. — The powers of the county board of education have been enhu-ged, 
their duties have been increased, and consequently their responsibility is 
greater. The schools will be what the county board and a superintendent of 
its selection make them. A wise execution of the law by a wide-awake board 
and an energetic superintendent will insure progress in public schools. 

The board has no ftiore important duty than this, of electing a county super- 
intendent. I beg to urge the observance of the following in the selection of a 
county superintendent : 

(1) Without fear, without prejudice, political or sectarian, having before 
your eyes only the welfare of the children and the success of the public schools, 



36 

select the most competent man to be had for the money, choosing him from 
your county if such a man is to be found there, and if not to be found in the 
county, seeking him wherever he can be found, as the law permits. (2) If 
your present county superintendent possesses the necessary qualifications for 
a successful administration of his delicate, difficult and important duties, as 
I trust he may, re-elect him and give him a chance to show what is in him 
and to make a greater success of his work, by paying him, if possible, a suffi- 
cient salary, under section 2782, to justify him in giving all his time and 
thought to the work of supervision, and to justify you in requiring him to do 
this. (3) Take advantage of the law and pay your superintendent as large a 
salary as your school fund will justify, but be sure that you get more man and 
more time for more money. 

4136. Report of election of, to state superintendent. Immedi- 
ately after the election of the county superintendent of public instruc- 
tion the chairman of the county board of education shall report to 
the state superintendent of public instruction the name, address, 
experience and qualifications of the person elected ; and the person 
elected shall report to the state superintendent as soon as he shall 
have qualified, the date of such qualification. 

1901, c. 4, s. 16 ; 1903, c. 435, s. 5. 

4137. Districts in cities and towns may jointly employ. By and 

with the consent of the county board of education the school com- 
mittees of two or more contiguous districts in any city or town may, 
by a majority vote of the committee in each district, employ a practical 
teacher, who shall be known as the superintendent of the public 
schools of such districts, and he shall perform all the duties of the 
county superintendent of public instruction as to such districts, and 
shall make to the county superintendent all reports that may be 
necessary to enable him to make his reports to the state superin- 
tendent. 

1889, c. 199, s. 47 ; 1901, c. 4, s. 74. 

4138. Not to teach school; to reside in the county. Every 

county superintendent shall reside in the county of which he is 
superintendent. It shall not be lawful for any county superintend- 
ent to teach a school while the public schools of his county are in 
session ; but the state board of education may, for good and sufii- 

cient reason, permit a county superintendent to so teach. 
1901, c. 4, s. 44. 



37 

Note. — The county superintendent must reside in the county after his elec- 
tion, but is not compelled to be a resident of the county at the time of his 
election. County superintendents are forbidden to teach school during the 
session of the public school, except by permission of the state board of edu- 
cation. In some counties the salary is so small that teachers will be practi- 
cally excluded from holding the office of county superintendent unless allowed 
to supplement the salary by teaching. In such counties permission will be 
granted to the superintendent to teach school during the session of the public 
school, provided satisfactory arrangements can be made for visiting the public 
schools and otherwise obeying the law in the performance of the duties of the 
office. 

4139. Ex officio secretary to the board; records to be kept. 

The coiuity superintendent of public instruction shall be ex officio 
the secretary of the county board of education. He shall record all 
proceedings of the board, issue all notices and orders that may be 
made by the board pertaining to the public schools, schoolhouses, 
sites, or districts (which notices or orders it shall be the duty of 
the secretary to serve by mail or by personal delivery without cost), 
and record all school statistics, look after all forfeitures, fines and 
penalties, see that the same are placed to the credit of the school 
fund and report the same to the board. The board shall provide the 
county superintendent with an office at the county seat and with a 
suitable book in which to keep the records required by this sec- 
tion. The records of the board and the county superintendent shall 

be kept in the office provided for that purpose by the board. 
1901, c. 4, s. 36. 

Note. — The duties of superintendent as secretary of county board of edu- 
cation are very important. The county superintendent is urged to look closely 
after the forfeitures, fines and penalties, and to report to the solicitor all fail- 
ures of all officers to make complete and correct reports of such. Hundreds 
of dollars from these sources are lost to the school fund every year. He is 
urged to keep his records accurately and neatly. A book for recording his 
minutes and keeping his accounts has been prepared and may be obtained 
by application to the state superintendent. 

4140. To hold teachers' meetings. The county superintendent 
shall each year hold not less than one teachers' meeting in each town- 
ship, which the teachers shall be required to attend. If necessary, 

one school day must- be set apart for this purpose. 
1901, c. 4, s. 38 ; 1903, c. 435, s. 17. 

Note. — A live superintendent can make these teachers' meetings very helpful 
in securing co-operation among the teachers of the township and uniformity 



38 



of work for the entire county in course of study, method of Iceeping records 
and making reports, etc. These meetings can also be made means of encour- 
aging, stimuhiting and directing teachers in many ways. On the same day, 
perhaps in the afternoon, meetings of patrons and parents might be held and 
the occasion used for bringing them in closer touch and sympathy with the 
work and with the teachers, in cultivating educational sentiment and arousing 
educational enthusiasm. 

4141. Must advise and may suspend teachers; must attend 
state association of superintendents. It shall be the duty of the 

county superintendent to advise with the teachers as to the best 
methods of instruction and school government, and to that end he 
shall keep himself thoroughly informed as to the progress of edu- 
cation in other counties^ cities and states. He shall have authority 
to correct abuses, and to this end he may, with the concurrence of 
a majority of the school committee, suspend any teacher who may 
be guilty of any immoral or disreputable conduct, or may prove 
himself incompetent to discharge efficiently the duties of a public 
school teacher, or who may be persistently neglectful of such duties. 
The county superintendent shall be required to visit the public schools 
of his county while in session and shall inform himself of the condi- 
tion and needs of the various schools within his jurisdiction. Un- 
less providentially hindered he shall attend continuously during its 
session the annual meeting of the state association of county super- 
intendents, and the county board of his county shall pay out of 
the county school fund his traveling expenses and allow him his 
per diem while attending such meeting; but county superintendents 
employed on salary shall not receive any per diem while in attend- 
ance on such meeting. 

1901, c. 4, s. 39 ; 1903, e. 435, s. 18 ; 1905, c. 533, s. 10. 

NoTE.^ — The requirement that county superintendents shall visit the schools 
while in session is mandatory, and properly so. County boards of education 
must obey the law. The compensation allowed is now sufficient to justify the 
superintendent in visiting the schools. In no other way can he acquaint him- 
self so well with the educational condition and needs of every part of the 
county, with the merits and defects, the disposition and character of the 
teachers, and acquire such a knowledge of the people and their views as will 
make him a helpful adviser in the selection of teachers and committeemen 
and a wise and effective leader in all educational matters of the county. If 
there be a county superintendent whose visits to his schools would not be bene- 
ficial to hiiiiself, his teachers, his schools, his people, no surer evidence of his 



39 



incompetency is needed, and his resignation sliould be aslced at once. The 
most valuable part of the work of a live, competent superintendent will be his 
visits to the schools and the people. Without such visits the work of super- 
vision is a misnomer and largely a farce, and the county superintendent little 
more than a clerk to the board of education and a mechanical examiner of 
teachers. 

It will be observed tnat county superintendents are required to attend the 
annual sessions of the state association of coimty superintendents, and that 
provision is made for their expenses. 

4142. Must distribute blanks and books, and advise commit- 
tees. It shall be the duty of the county superintendent to distribute 
to the various school committees of -his county all such blanks as 
may be furnished by the state superintendent of public instruction 
for reports of school statistics of the several districts ; also, blanks 
for teachers' reports and for orders on the treasurer of the county 
school fund for teachers' salaries. He shall also distribute to the 
school committees school registers for their respective districts and 
necessary record books ; he shall advise with the committee as to 
the best methods of gathering the school statistics contemplated by 
such blanks, and^ by all proper means, shall seek to have such statis- 
tics fully and properly reported. 

1901, c. 4, s. 40. 

4143. IVIust make reports to state superintendent. It shall be 

the duty of each county superintendent, on or before the first Mon- 
day in July of each year, to report to the state superintendent of 
public instruction an abstract statement of the number, grade, race 
and sex of the teachers examined and approved by him during the 
year; also, the number of public schools taught in the county dur- 
ing the 3'ear for each race ; the number of children of school age in 
each school district; the niunber enrolled in each district; the aver- 
age daily attendance in each district by race and sex and the number 
of all persons in the county between the ages of twelve and twenty- 
one who can not read and write. He shall also report by race and 
sex the number of pupils enrolled in all the schools, their average 
attendance, the average length of terms of the schools, and the aver- 
age salary for the .teachers of each race ; the number of school dis- 
tricts for each race, and any new school districts laid oat during the 
year shall be specified in his report. He shall also report the number 
of public schoolhouses and the value of the public school property 



40 



for each race; the number of teachers' institutes held; the nvimber 

of teachers attending such institutes, together with such suggestions 

as may occur to him promotive of the school interest of the county. 

He shall record in his book an accurate copy of such report. If any 

county superintendent fail or refuse to perform any of the duties 

required of him by this chapter he shall be subject to removal from 

his office by the county board of education upon the comj^laint of 

the state superintendent of public instruction. 
1901, c. 4, s. 41. 

Note. — This report must be held, by county superintendent for review by 
county board of education on first Monday of July. (See section 4134). A 
copy must be recorded by county superintendent. 

4144. To report as to deaf, dumb and blind children. It shall 

be the duty of the county superintendent to require of the school 
committees, in enumerating the number of school children, to make 
a statement in the report of the number of deaf, dumb and blind 
between the ages of six and twenty-one years, designating the race 
and sex, and the address of the parent or guardian of such children ; 
and the county superintendents are hereby required to furnish such 
information to the principals of the deaf^ dumb and blind institu- 
tions, and the superintendent of public instruction, in preparing 
blanks for reports required to be made to him, shall include ques- 
tions, the answers to which will furnish the information required by 
this section. 

1901, c. 4, s. 43; 1901, c. 4, s. 44; 1903, c. 435, s. 19. 

Salary of county superintendent. The salary of the county su- 
perintendent of schools shall be fixed by the county board of educa- 
tion. It shall not be less than three dollars per day while engaged 
in the service of the public schools. The county bpard of education 
may fix an annual salary not to exceed four per cent, of the disburse- 
ments for schools under his supervision. The county board of educa- 
tion of any county whose total school fund exceeds fifteen thousand 
dollars may employ a county superintendent for all of his time at such 
salary as may be fijxed by said board: Provided, the county superin- 
tendent of Iredell county shall not receive over six hundred dollars 
per annum. 

Revisal of 1905, v. I, c. 66, s. 2782. 



41 

Note. — This section now allows all counties whose school fund exceeds fif- 
teen thousand dollars to pay such reasonable compensation as will make it 
possible to employ competent superintendents for all their time. The experi- 
ence of other states and of those cities and towns and counties of our own 
state that have most efficient systems of schools proves the wisdom of a rea- 
sonable expenditure for competent supervision. The county board of educa- 
tion of every county in which the school fund is sufficient to permit it is urged 
to employ for all his time the best possible superintendent. Tf the present 
superintendent is competent his hands should be untied by making his com- 
pensation sufficient to enable him to give all his time and thought to his work. 
If he is incompetent a competent man in the county, if possible, out of the 
county and out of the state if necessary, should be found and employed for 
this work. The law does not require that the superintendent shall reside in 
the county at the time of his election. No work can succeed without a man 
at the head who knows the work, loves it, and devotes himself entirely to it. 
Such a man can be had for a living salary. 

SCHOOL COMMITTEE, 

4145. Qualifications and election of; care taken of school- 
houses. The county board of education of each county shall on 
the first Monday in July, one thousand nine hundred and five, and 
biennially thereafter, appoint in each of the townships of the county 
three intelligent men of good business qualifications, who are known 
to be in favor of public education, who shall serve for two years 
from the date of their appointment as school committeemen in 
their respective townships and until their successors are elected and 
qualified. If a vacancy shall occur at any time by death, resig-nation, 
or otherwise, it shall be the duty of the county board of education to 
fill such vacancy. Such board shall have the power to pay out of 
the reserve school fund to each member of the township committee 
thus appointed one dollar per day for not more than four days per 
annum. "Such township committee must take the census in their 
township by districts and may elect to be paid for taking the same at 
the rate of two cents per name, or be paid each one dollar per day 
for the four days, but they can not be paid for both." Every town- 
ship committee shall appoint one man in each school district in the 
township to look after the schoolhouse and property and advise with 
the committee. The county board of education in each county may, 
if it deem best, biennially, on the first Monday in July, instead of 
electing township committeemen, elect for each school of the several 
townships three school committeemen of intelligence and good busi- 



42 



ness qualifications, who are known to be in favor of public education, 
who shall serve for two years from date of their appointment as 
committeemen and until their successors are elected and qualified. 
If a vacancy should occur at any time by death, resignation, or other- 
wise, it shall be the duty of the county board of education to fill such 
vacancy. And in case such school committeemen shall be elected as 
above, all the powers and duties conferred under this chapter on the 
towTLship committeemen shall vest in such committeemen of the 
several schools of the township, who shall serve without compensa- 
tion. 

1901, e. 4, s. 17 ; 1903, c. 435, s. 6 ; 1905, c. 533, ss. 17, 18. 

Note. — It is left with the county board of education to appoint a townsliip 
committee of tlu'ee, who will act for the township, or a district committee of 
three for each school in the several townships of the county. The system, 
however, should he uniform, i. e., township committees for the entire county, 
or district committees for the entire countj'. It will be observed that this 
section now requires township committees to appoint one man in each district 
as custodian of the property and general adviser about school affairs in his 
district. This seems to me to add to the township system enough of local 
self-government, which was the popular feature of the district system, without 
cumbering it with the undesirable features of the district system. From the 
testimony of those counties that have adopted the township system in this 
state, and from the prevalence and popularity of it in so many other states, 
I am satisfied that it will be found the more satisfactory system, and I hope to 
see it generally adopted in North Carolina. 

4146. To elect chairman and secretary; appeals from. The 

school committee, as soon as practicable after their election and 

qualification, not to exceed twenty days, shall meet and elect from 

their number a chairman and secretary, and shall keep a record of 

their proceedings in a book to be kept for that purpose. The name 

and address of the chairman and secretary shall be reported to the 

county superintendent of public instruction and recorded by him. 
1901, c. 4, s. 18. 

Note. — This section requires tlie official acts of the committee to be done in 
a business-like manner and the records kept in a book for that purpose. To 
avoid trouble this section should be strictly obeyed. A committeeman's book 
for recording minutes and accounts, containing also a summary of the duties 
of school committeemen, blank teachers' contracts, etc., has been prepared in 
this office, and copies of it have been sent to county superintendents. The 
county superintendent should see that every committee is supplied with this 
book. 



43 



4147. Powers and duties as to school property. The school 

committee shall be intrusted with the care and custody of all school- 
houses, schoolhouse sites, grounds, books, apparatus, or other pub- 
lic school property in the township, with full power to control the 
same as they may deem best for the interest of the public schools 

and the cause of education. 
1901, c. 4, s. 19. 

4148. Census to be taken; reports; deaf, dumb, blind and illit- 
erates to be reported. The school committee is required to furnish 
to the county superintendent a census report of all the pupils of 
school age in their township or district by name, age, sex and race, 
also the names of their parents or guardians. The blanks upon which 
such reports are to be made shall be furnished to the various school 
committees by the county superintendent on the first Monday in 
August in each year, which report shall be duly sworn to by each one 
of the committee and returned to the county superintendent on or 
before the first Monday in September of each year, and any commit- 
tee failing to comply with the provisions of this section without just 
cause shall be subject to removal. The school conmiittee shall be 
allowed a sum not exceeding two cents per name for all names reported 
between the ages of six and twenty-one. The committee shall also re- 
port to the county superintendent, who shall in turn report to the 
county board of education, the number of public schoolhouses and 
the value of all public school property for each race separately and 
furnish to the teacher at the opening of the school a complete copy of 
the census furnished to the county superintendent, which shall be 
recorded by the teacher in a register containing the name and age of 
each pupil of school age in that district. They shall also report by 
race and sex the number of all persons between the ages of twelve and 
twenty-one who can not read and write ; and the number of deaf, 
dumb and blind between the ages of six and twenty-one years, desig- 
nating the race and sex, and the address of the parents or guardians 

of such children. 

1901, c. 4, ss. 20, 43 ; 1901, c. 3, s. 1 ; 1903, c. 435, s. 7. 

Note. — This census should be promptly and carefully taken, in strict accord- 
ance with the requirements of this section. Committees are required to make 
two copies of the census of each district — one for the county superintendent 



44 



and one for the teacher of the district school. Superintendents will furnish 
to committees a sufficient number of blanks for this purpose, and see that the 
teacher of each school is furnished with a complete copy of the census and is 
required to copy the same in the school register. This information is neces- 
sary in order that the teacher may know the children not in attendance and 
find out the cause of their absence and seek to bring them into school. Teach- 
ers and conmiitteemen are urged to compare the census with the enrollment 
and to make every effort to secure the attendance of the absentees. Separate 
blanks will be sent with census blanks for an accurate report of illiterates, 
by name, so that county superintendent, teachers and committeemen will have 
information that will enable them to make special efforts to I'each these illiter- 
ates and get them into school. 

4149. To keep a record of receipts and expenditures; purchase 

supplies. The school committee for each township or district shall 
keep a book in which shall be recorded an itemized statement of all 
moneys apportioned to, received and expended by them for each 
school and a copy of all contracts made by them with teachers. The 
committee shall have authority to purchase the supplies necessary 
for conducting the schools and for repairs to an amount not to ex- 
ceed in the aggregate the sum of twenty-five dollars in any one year 
for each school. But nothing in this section shall be so construed 
as to give school committees the right to make expenditures without 

the order of the county board. 

1901, c. 4, ss. 21, 35 ; 1905, c. 533, s. 19. 

Note. — A carefully prepared book for keeping this account, copies of con- 
tracts with teachers and minutes of meeting, will be furnished by the county 
superintendent upon application. All expenditures for supplies, repairs, etc., 
are subject to the order and approval of the county board of education. The 
county board will of course approve all reasonable, necessary expenditures for 
such purpo.ses. 



4150. IVIust not overdraw. No committee shall give an order 
unless the money to pay it is actually to the credit of the district,, 
and no part of the school fund for one year shall be used to pay 
school claims for any previous year. 

1901, c. 4, s. 34 ; 1903, c. 435, s. 16. 

Note. — The large number of special acts for payment of teachers' salaries 
before the last legislature was the result of a disregard of this section, and 
necessitated the amendment that no such act shall hereafter be passed by that 
body except upon approval of county board and superintendent, and certificate 
by them that the debt was contracted by unavoidable mistake. If teachei's 
and school officers will be careful, mistakes of this sort can always be avoided. 



45 



4151. Private schools, committee may contract with; effect. 

In any school district where there may be a private school regularly 
conducted for at least six months in the year, unless such private 
school is a sectarian or denominational school, the school committee 
may contract with the teacher of such private school to give instruc- 
tion to all pupils between the ages of six and twenty-one years in 
the branches of learning taught in the public schools, as prescribed 
in this chapter, without charge and free of tuition ; and such school 
committee may pay such teacher for such service out of the public 
school fund apportioned to the district, and the agreement as to such 
pay shall be arranged between the committee and teacher. Every 
teacher of the public school branches in such school shall obtain a 
first-grade certificate before beginning his or her work, and shall 
from time to time make such reports as are required of other teach- 
ers under this chapter. The county superintendents of public in- 
struction shall have the same authority in respect to the employ- 
ment and dismissal of teachers under this section, and in every other 
respect, as is conferred in other sections of this chapter. And all 
contracts made under this section shall designate the minimum length 
of the public school term, which shall not be less than the average 
length of the public school term of the county of the preceding year. 
The amount paid such private school for each pupil in the public 
school branches, based on the average daily attendance, shall not ex- 
ceed the regular tuition rates in such school for such branches of 
study. Every school to which aid shall be given under this chapter 
shall be a public school to which all children living within the district 
between the ages of six and twenty-one years shall be admitted free 
of charge for tuition: Provided, that in case of contract with the 
teacher of a private school under this section, tuition may be charged 
for instruction in higher branches of study not mentioned in section 
four thousand and eighty-seven if the apportionment of funds for 
the public school of the district would, in the opinion of the county 
board of edu<?ation, be insufficient to provide instruction in these 
higher branches of study if the public school were taught separately. 

The committee may admit pay students over twenty-one years of age. 
1901, c. 4, ss. 33, 65 ; 1903, c. 435, s. 15 ; 1905, c. 533, s. 12. 



46 



Note. — No contract can be made with a teacher of any sectarian or denomi- 
national school for the use of any jiart of the public school fund in connection 
with such school. In case of a contract with a teacher of a private school to 
teach the public school in connection therewith, no tuition can be charged any 
child in the district bet\veen the ages of six and twenty-one years for any 
study mentioned in section 4087. Tuition may be charged for instruction in 
higher branches than those there mentioned, if the funds apportioned to that 
public school district would in the opinion of the county board of education 
be insufficient to provide instruction in these higher branches of study in case 
the public school should be taught separately. In other words, the private 
school is required to give instruction in as many and no more branches of 
study, free of tuition, as could be given with the available funds in a public 
school if conducted separately. 

If the tuition in the private school for the public school branches is one dollar 
or two dollars per month, then said private school shall not be allowed any more 
per capita of the public fimd than they receive per capita from the parents in 
the private funds. To illustrate: If there ai-e forty children in the public 
school branches whose private tuition is forty dollars per month, then the 
committee can pay only forty dollars per month for this instruction out of 
the public fund. Under the contract the school term must at least be equal 
in length to the average school term of the county for the preceding year. 

TREASURER OF SCHOOL FUND. 

4152. County treasurer made treasurer of school fund; bond. 

The county treasurer of each county shall receive and disburse all 
public school funds, and shall keep the same separate and distinct 
from all other funds, but before entering upon the duties of his office 
he shall execute a justified bond, with security, in an amount to be 
fixed by the board of county commissioners, not less than the moneys 
received by him or by his predecessor during the previous year, con- 
ditioned for the faithful performance of his duties as treasurer of the 
county school fund, and for the payment over to his successor in office 
of any balance of school moneys that may be in his hands unex- 
pended. The bond of the treasurer of the county school fund shall 
be a separate bond, not including liabilities for other funds, and shall 
be approved by the board of county commissioners, and that board 
may, from time to time, if necessary, require him to strengthen his 

bond. 

1901, e. 4, ss. 46, 47. 

4153. Bond, actions on. The board of county commissioners 
shall bring action, in the name of the state upon the relation of such 
board, for any breach of the bond of the treasurer of the county 



47 



school fund, and on its failure to bring such action it may be brouiiht 

in the name of the state on the relation of any taxpayer. 
1901, c. 4, s. 47. 

4154. To keep detailed account of receipts; to accept money 

only. The treasurer of the county school fund shall keep a book 

in which shall be entered a full and detailed account of all public 

school moneys received by him^ the name of each person paying him 

school money, the source from which the same may have been 

derived, and the date of such payment. In his settlement with the 

sheriff or other collecting officer of public school funds the treasurer 

shall receive money only. 
1901, c. 4, s. 52. 

4155. To pay only such orders as allowed herein. Every order 

for the payment of a teacher's salary, for building, repairs, school 
furnishing, or for the payment of money for any purpose what- 
soever, before it shall be a valid voucher for the county treasurer, 
shall be signed first by at least two members of the school commit- 
tee, then by the county superintendent. ISTo order shall be signed 
by the county superintendent for more money than is to the credit 
of that district for the fiscal year, nor shall he endorse the order 
of any teacher who does not produce a certificate as required by 
law. The treasurer shall not pay any school money for building 
or repairing any schoolhouse unless the site on which it is located 
has been donated to or purchased by the county board of education 
and the deed for the same regularly executed and delivered to such 
board and probated and registered in the office of the register of 
deeds for the county and delivered to the clerk of the superior court, 
to be by him safely deposited with his valuable official papers, and 

surrendered to his successor in office. 
1901, e. 4, s. 48. 

4156. To be at his office on last Saturday in month. The treas- 
urer of the county school fund shall, on the last Saturday of each 
month, attend at his office for the purpose of paying school orders ; 

but this shall not prevent the payment of orders at other times. 
1901, e. 4, s. 58. • 

4157. To keep an account with each township and district; 

annual report of balances. It shall be the duty of the treasurer of 



48 



the county school fund to keep a book in which he shall open an 
account with each township in the county, showing the amount ap- 
portioned to such township by the county board of education. He 
shall also open an account with each school district showing the 
amount apportioned to such district. He shall record all payments 
of school money, giving the date, the amount, the person to whom 
paid, and for what purpose paid. He shall balance the account of 
each towmship and district annually, on the thirtieth of June, and 
shall report by letter or printed circular, within ten days thereafter, 
such balances to the county board of education and to the school 

committee. 
1901. e. 4, s. 49. 

4158. To report annually to state superintendent and to 

county board. The treasurer of the county school fund shall report 
to the state superintendent of public instruction on the first Monday 
of August of each year the entire amount of money received and 
disbursed by him during the preceding school year, designating by 
items the amounts received respectively from property tax, poll 
tax, liquor licenses, fines, forfeitures and penalties, auctioneers, 
estrays, from state treasurer and from other sources. He shall also 
desigTiate by item the sum paid to teachers of each race respectively, 
for schoolhouses, school sites in the several districts, and for all 
other purposes specifically, and in detail, by item, and on the same 
date he shall file a duplicate of such report in the ofiice of the county 
board of education. He shall make such other reports as the county 
board of education of the county may require from time to time. 
Whenever the sheriff or other collecting officer pays over money to 
the treasurer of the school fund he shall designate the items as indi- 
cated in this section, and these items shall be stated in the receipts 

given by the treasurer. 
1901, c. 4, ss. 51, 5(5. 

4159. Duties on expiration of his term. Each treasurer of the 
county school fund in going out of office, shall deposit in the ofiice 
of the board of education of his county his books in which are kept 
his school accounts, and all records and blanks pertaining to his 
office. If the term of office of any treasurer shall expire on the 
thirtieth day of ISTovember during any fiscal school year, or if for 



49 

any reason he shall hold office beyond the thirtieth day of Novem- 
ber, and not for the whole of the current fiscal school year, he shall, 
at the time he goes out of office, file with the county board of educa- 
tion and with his successor a report, itemized, as required by the next 
preceding section, covering the receipts and disbursements for that 
part of the fiscal school year from the thirtieth of June preceding 
to the time at which he turns over the office to his successor, and his 
successor shall include in his report to the state superintendent the 

receipts and disbursements for the current fiscal year. 
1901, c. 4, ss. 57, 58. 

4160. To exhibit books, vouoiiers and money to county board. 

The treasurer of the county school fund shall, when required by the 
county board of education, produce his books and vouchers for ex- 
amination, and shall also exhibit all moneys due the public school 

fund of the county at each settlement required by this chapter. 
1901, c. 4, s. 50. 

Treasurer failing to report. If any treasurer of the county 
school fund shall fail to make reports required of him at the time 
and in the manner prescribed, or to perform any other duties required 
of him by law, he shall be guilty of a misdemeanor, and be fined not 
less than fifty dollars and not more than two hundred dollars, or im- 
prisoned not less than thirty days nor more than six months, in the 

discretion of the court. 

Revisal of 1905, v. I, c. 81, s. 3839. 

TEACHERS. 

4161. School committee to employ and dismiss teachers; no- 
tice; contracts. The school committee shall have authority to em- 
ploy and dismiss teachers. The committee shall meet at convenient 
times and places for the employment of teachers for the public schools, 
and no teacher shall be employed by any committee except at a regu- 
larly called meeting of such committee, due notice of such meeting 
having been given at three public places by the committee. The county 
superintendent shall be notified at once by the secretary of the com- 
mittee of the name. of the teacher elected, and a copy of the con- 
tract, duly signed and recorded, shall be filed with the county super- 
intendent ; and no voucher for the salary of a teacher of any school 
shall be sigTied by any county superintendent unless a copy of such 



50 



teacher's contract has been filed with him as herein provided, and 
unless he shall have received satisfactory evidence that such teacher 
has been elected in strict accordance with this section. No contract 
for teachers' salaries shall be made during any year to extend beyond 
the term of office of the committee, nor for more money than accrues 
to the credit of the district for the fiscal year during which the con- 
tract is made. 

1901, c. 4, ss. 20, 22, 34; 1901, c. 3, s. 1 ; 1903, e. 435. ss. 7, 16. 

4162. Examination; proficiency; grades. On the second Thurs- 
day of July and October of every year the county superintendent of 
schools of each county shall publicly examine all applicants of good 
moral character for teachers' certificates on all subjects required to 
be taught in the public schools and also on the theory and practice of 
teaching. And the county superintendent may continue the examina- 
tion from day to day if necessary until all applicants have been ex- 
amined, and with the approval of the county board of education he 
may, after giving at least ten days' notice, hold public examinations 
on two other dates during the year. All examinations of teachers 
shall be held at the county court-house, but for the convenience of 
teachers the county superintendent may designate another place : 
Provided, due notice of the time and the place shall have been given. 
1^0 private examination of applicants for teachers' certificates shall 
be given by the county superintendent unless a reasonable excuse 
shall be rendered for failure to attend the public examination, and 
for every private examination each applicant for a certificate shall 
pay in advance to the county superintendent a fee of three dollars, 
to be paid by him to the treasurer of the county school fund, to be 
placed to the credit of the general school fund of the county. A 
general average of ninety per cent, and over shall entitle the appli- 
cant to a first-grade certificate ; a general average of eighty per cent, 
and less than ninety per cent, shall entitle the applicant to a second- 
grade certificate, and a general average of seventy per cent, and less 
than eighty per cent, shall entitle the applicant to a third-grade cer- 
tificate. ISTo certificate §hall be valid except in the county in which 
it is issued. First-grade certificates shall be valid for two years 
from date of issue ; other grades of certificates shall be valid for only 
one year and shall not be renewed except upon examination. The 



51 



county superintendent may invite competent persons to assist in the 
examination of applicants for certificates and he shall file in his office 
a coiDV of all examination questions and also preserve for at least one 
year the examination papers and ^ades of all applicants for cer- 
tificates, and upon request of the state superintendent of public in- 
struction he shall send all examination papers and their gradation 
and a copy of all examination questions to the office of the state super- 
intendent of public instruction : Provided, that the state superin- 
tendent of public instruction in lieu of the provisions of this section 
in reference to the examination, the gradation and the certification 
of teachers may in his discretion provide for a uniform system of 
gradation, examination and certification of public school-teachers, 
prescribing the examination, the time and manner of conducting the 
same, and also for making provision for the classification of teachers' 

certificates into primary, intermediate and high school. 
1905, e. 533, s. 9 ; 1901, c. 4, s. 37. 

Note. — Four public examinations are provided for in this section if so many 
shall be deemed necessary by the county board of education. Public examina- 
tions are less trouble and less liable to criticism than private examinations. 
With four a year there ought to be little, if any. necessity for private exami- 
nations. No private examination can be given unless the applicant can give a 
reasonable excuse, satisfactory to the superintendent, for failure to attend 
the public examination. The fee is fixed at three dollars, to cover the per 
diem of the county superintendent, who is frequently required to give an 
entire day to the private examination of one applicant. 

4163. Age, qualifications, certificates, grades and pay of; 

school month defined. 'No person shall be employed as a teacher 
who does not produce a certificate from the county superintendent, 
dated within the time prescribed by law and continuing to the end 
of the term. No certificate to teach shall be issued to any person 
under eighteen years of age. Teachers of second gTade shall receive 
not more than twenty-five dollars per month out of the public fund, 
anS teachers of the first grade may receive such com])ensation as 
shall be agreed upon. Teachers of the third grade shall receive not 
more than twenty dollars per month, but no third-grade certificate 
shall be renewed and no holder of a third-gTade certificate shall 
be employed except as an assistant teacher. jSTo teacher shall re- 
ceive any compensation for a shorter term than one month unless 
providentially hindered from completing the term. Twenty school 



52 



days of not less than six hours nor more than seven hours each day 
shall be a month. The school term shall be continuous as far as 
practicable. All laws and clauses of laws granting to, or conferring 
upon, the graduates or ex-students or students of any institution 
of learning, private or public, within this state or elsewhere, immu- 
nity, exemption, or freedom from the operation of laws of this state 
requiring persons who desire to teach in free public schools of the 
state to submit to and pass regular examinations before the county 
superintendents before being duly qualified to serve as such teach- 
ers, are hereby repealed. The county board of education shall fix, 
wdthin the limits above prescribed, the maximum salary to be paid 

to teachers in each school in the county. 

1901, c. 4, ss. 22, 24, 27, 34 ; 1901, c. 3, s. 2 ; 1901, c. 535 ; 1903, e. 435, ss. 9, 16. 

Note. — Much trouble will be avoided if committeemen will observe strictly 
the law forbidding the employment of any person as a teacher who does not 
hold and produce a certificate not out of date. The county board has authority 
to fix the maximum salary of the teacher in each school in the county, and a 
contract with the teacher by a committee for a larger salary than that fixed 
by the board will be invalid and cause trouble. 

4164. Salary, how paid; closing schools for non-attendance of 

pupils. At the end of every term of a public school, the teacher or 
principal of the school shall exhibit to the school committee a state- 
ment of the number of pupils, male and female, the average daily 
attendance, the length of term and the time taught. If the commit- 
tee is satisfied that the provisions of this chapter have been complied 
with, they shall give an order on the treasurer of the county school 
fund, payable to such teacher, for the full amount due for services 
rendered ; but monthly, and, if required by the county superintend- 
ent, weekly statements and reports shall be made by the teacher to 
the committee, and to the county superintendent; orders on the 
treasurer shall be valid when signed by two members of the com- 
mittee and countersigned by the county superintendent. When a 
monthly or weekly report of any school where the district does not 
contain over one hundred and fifty children shows an average daily 
attendance of less than one-fifth of the school census, the committee 
may, with the approval of the county superintendent of schools, order 
the school to be closed and the money due such school shall remain 
to the credit of that school ; but all funds remaining to the credit of 



53 



such school at the close of the school year, unused because of non- 
attendance, shall be returned to the general fund for reapportion- 
ment, unless such non-attendance shall have been caused by provi- 
dential or other unavoidable causes. And the county board of educa- 
tion, upon the recommendation of the county superintendent, shall 
have authority to close any school for either race in any township 
before it shall have continued for the average length of school term 
for the township, in case the attendance does not justify the contin- 
uance of the school, and the money remaining to the credit of such 
district thus closed for non-attendance shall be returned to the general 

school fund. 

1901, c. 4, ss. 23, 24 ; 1903, c. 435, ss. 8, 9 ; 1905, c. 533, s. 4. 

Note. — By referring to section 4116 it will be seen that the district will be 
given until the January meeting subsequent to the close of the school year to 
use its funds, at which time all unused funds will be returned to the general 
fund and re-apportioned, unless the board finds that the use of the funds 
before that time was prevented by providential or other unavoidable cause. 

The purpose of requiring funds unused because of non-attendance to be 
returned to the general fund for re-apportionment, unless such non-attendance 
is the result of providential or other unavoidable cause, of which the county 
board is the judge, is to stimulate attendance by taking the money from those 
who refuse for insufficient reasons to use it and giving it to those who will 
use it. 

In order to keep up with the work in the various districts and keep in touch 
with every teacher, monthly reports at least should be required promptly of 
every teacher. Some county superintendents have been very successful in 
requiring brief weekly reports, and enthusiastically recommend them. In the 
appendix will be found a blank form of weekly reports, which may be made on 
a printed postal card. 

4165. Keep record; report to county superintendent, also to 

state superintendent, when. Every teacher or principal of a school 
to which aid shall be given under this chapter shall keep such records 
of the attendance and classification of pupils as shall be prescribed 
by the state superintendent of public instruction or the county board 
of education, and at the end of each term and when requested at 
other times every teacher or principal shall report to the county super- 
intendent of schools in such form and manner and on such blanks as 
shall be furnished by the county superintendent of schools or the 
state superintendent of public instruction. At the end of every term 
every principal or teacher of a public school shall report to the county 
superintendent of schools the length of term of the school, the race 



54 



for which it was taught, the mimber, the sex and average daily attend- 
ance of the pupils, and the number of the district in which the school 
is taught, the number of children on census blank not attending any 
school, number of children under seventeen years of age not attend- 
ing any school, stating some causes why they did not attend, how 
many families having children of school age did not send any of 
their children to school, how many families did, stating what personal 
effort has been made to get the children to attend school. The county 
superintendent shall not approve the final voucher for the salary of 
any principal or teacher until all reports have been made according to 
law and until the register has been properly filled out and filed with 
the chairman of the school committee or with the county superin- 
tendent of schools. The principal or superintendent of every school 
or institution of learning supported in whole or in part by public 
funds shall report to the state superintendent at such time and in 
such form as he may direct, and shall also report to the county super- 
intendent of the county in which such school or institution of learn- 
ing is situated. 

1901, c. 4, ss. 64, 66 ; 1903, c. 435, s. 21 ; 1903, c. 533, s. 11. 

Note. — The personal effort made by the teacher to secure accurate informa- 
tion required will greatly facilitate his work in the school and add to our fund 
of reliable statistics. The county superintendents should not approve the 
voucher of any teacher who does not intelligently furnish this information. 
School committeemen should not approve teachers' orders for salary until the 
provisions of this section have been strictly complied with. 

Under this section all superintendents of town or city schools, and of all 
other schools of every sort receiving any part of the public school fund, are 
required to make such reports to the state and county superintendent as the 
state superintendent may direct. The purpose, of course, is to get full infor- 
mation about all the public schools, that the state may receive full credit at 
home and abroad for all that it is doing for public education. 

4166. To maintain order and encourage virtue; to dismiss im- 
proper pupils. It shall be the duty of all teachers of free public 
schools to maintain good order and discipline in their respective 
schools ; to encourage morality, industry and neatness in all of their 
pupils, and to teach thoroughly all branches which they are required 
to teach. Pupils who wilfully and persistently violate the rules of 
the school and any of iiumoral life and character shall be dismissed 

by the teacher. 
1901. c. 4, s. 63. 



55 

4167. Teachers' institutes and schools, how conducted; teach- 
ers must attend. The county board of education of every county 
may biennially appropriate an amount not less than two hundred dol- 
lars nor more than two hundred and fifty dollars out of the public 
school funds of the county, the definite amount betw^een the minimum 
and maximum thus fixed to be determined by the state superintendent 
of public instruction, for the purpose of conducting biennially a 
teachers' institute and school for the training of the public school 
teachers of the county at some convenient and satisfactory place. 
The biennial county teachers' institute and school provided for in 
this section shall be conducted by some practical teacher or teachers 
appointed by the state superintendent of public instruction at such 
time and place as shall be determined by the state superintendent of 
public instruction after consultation with the county superintendent 
of schools and the county board of education. All public school 
teachers of any county in which such institute and school is con- 
ducted are hereby required to attend the same continuously during 
its session unless providentially hindered, and failure to attend the 
biennial institute and school shall debar any teacher so failing to 
attend continuously from teaching in any of the public schools of the 
state for a period of one year, or until such teacher shall have at- 
tended according to law some county institute and school as herein 
provided for in some other county. The rules and regulations govern- 
ing all teachers' institutes, the course of study to be pursued and the 
proper credits for attendance on the same shall be prescribed by the 
state superintendent of public instruction. And proper and just 
provision shall be made for the training of the teachers of each race 
in separate institutes and schools: Provided, that counties whose 
total annual public school fund is less than eight thousand dollars 
may arrange with an adjoining county for holding a biennial teach- 
ers' institute and school as herein provided for, making such biennial 
appropriation and arrangement with an adjoining county as shall 
be equitable and satisfactory, which appropriation and arrangement 
and the terms of the same shall first be approved by the state superin- 
tendent of public instruction : And provided further, that a properly 
signed certificate of continuous attendance at some summer school of 
good standing for a period of not less than three weeks may be 
accepted by the county superintendent of schools as a substitute for 



56 



attendance on the biennial teachers' institute and school herein pro- 
vided for under such rules and regulations as shall be prescribed by 

the state superintendent of public instruction. 
1905, c. 533, s. 5 ; 1903, c. 435, s. 10 ; 1901, c. 4, s. 26. 

CROATAN INDIANS. 

4168. Separate schools for. The persons residing in Robeson 
and Richmond counties, supposed to be descendants of a friendly 
tribe once residing in the eastern portion of this state known as the 
Croatan Indians, and their descendants, shall be known and desig- 
nated as the Croatan Indians, and they and their descendants shall 
have separate schools for their children, school committees of their 
own race and color, and shall be allowed to select teachers of their 
own choice, subject to the same rules and regulations as are applica- 
ble to all teachers in the general school law, and there shall be 
excluded from such separate schools for the Croatan Indians all 

children of the negro race to the fourth generation. 
1885, c. 51, s. 2 ; 1889, e. 60, s. 1. 

4169. County board to carry provisions into effect. It shall be 

the duty of the county board of education to see that the next pre- 
ceding section is carried into effect, and shall for that purpose have 
the census taken of all the children of such Indians and their de- 
scendants between the ages of six and twenty-one, and proceed 
to establish such suitable school districts as shall be necessary for 
their convenience, and take all such other and further steps as 
may be necessary for the purpose of carrying such section into 
effect. And where any children, descendants of such Indians, shall 
reside in any district in such counties of Robeson and Richmond 
in which there are no separate schools provided for their race they 
shall have the right to attend any of the public schools in the county 
provided for their race, and their share of the public school fund 
shall be appropriated to their education upon the certificate of 
the school committee in the district in which they reside, stating 

that they are entitled to attend such public schools. 
1885, c. 51, ss. 3, 4. 

4170. Pro rata share of school funds kept separate. The 

treasurer of the county school fund and other proper authorities 
whose duties it is to collect, keep and apportion the school fund. 



57 

shall procure from the county board of education the number of 

children in the county between the ages of six and twenty-one, 

belonging to such Indian race, and shall set apart and keep separate 

their pro rata share of the school funds, which shall be paid out 

upon the same rules in every respect as' are provided in the general 

school law and in the next preceding section. 
1885, e. 51, s. 4. 

4171. General school law applicable to. The general public 

school law shall be applicable in all respects to such separate schools 

for the Croatan Indians, except where such general laws is repugnant 

to these special provisions relating to such schools ; and these special 

provisions for separate schools for Croatan Indians shall apply only 

to the counties of Robeson and Richmond. 
1885, c. 51, s. 5. 

SCHOOL LIBRARIES. 

4172. How established; duties of school officials; manager 

appointed. AVhenever the patrons and friends of any free public 
school in which a library has not already been established by aid of 
the state shall raise by private subscription and tender to the treas- 
urer of the county school fund, for the establishment of a library 
to be connected with such school, the sum of ten dollars, the county 
board of education shall appropriate, from the general county school 
fund the sum of ten dollars for this purpose and shall appoint one 
intelligent person in the school district the manager of such library. 
The county board shall also appoint one competent person well versed 
in books to select books for such libraries as may be established under 
these provisions from lists of books approved by the state superin- 
tendent of public instruction. 

1901, c. 662, s. 6 ; 1903, c. 226, s. 1 ; 1905, c. 381. 

Note.— It will be observed that the appropriation to the rural library must 
be made out of the general county school fund, and not out of the district 
fund. A pamphlet containing approved list of books, rules and regulations 
for the management of rural libraries, and cuts and specifications for book- 
cases, may be obtained upon application to the ofiice of the superintendent of 
public instruction. 

4173. State board of education to contribute. As soon as such 

board shall have made an appropriation for a library in the man- 
ner prescribed, the county superintendent shall inform the secre- 



58 



tarj of the state board of education of the fact, whereupon the 

state board shall remit to the treasurer of the county school fund 

the sum of ten dollars additional for the purchase of books. 
1901, c. 662, s. 7 ; 1903, c. 226, s. 2 ; 1905, c. 381, s. 2. 

Note. — Upon certificate from the county superintendent that ten dollars has 
been raised and tendered to the treasurer of the county school fund by patrons 
and friends, and that ten dollars has been appropriated from the general 
school fund, the state warrant for the remaining ten dollars for the rural 
library will be sent to the treasurer. 

4174. Books and book-cases, how purchased. Within thirty 

days after the payment of the money to the treasurer of the county 

school fund, the person appointed to select the books shall submit 

the list of books to be purchased and prices of same to such treasurer, 

who shall order the books at once. The treasurer shall receive no 

compensation except his regular commission. The county board 

shall furnish, at the expense of the general county school fund, a 

neat book-case, with lock and key, to each library upon aiDplication 

of the county superintendent, 

1901, c. 662, s. 8 ; 1903, c. 226, s. 3 ; 1905, e. 381, s. 3. 

Note. — Every county superintendent should apply for a neat book-case with 
lock and key for every rural library in his county. The county board is 
required to furnish such a book-case out of the general county school fund, 
and not out of the funds of the district. 

4175. Rules to be made by state superintendent. The local 

manager of every library shall carry out such rules and regulations 

for the proper use and preservation of the books as may be established 

by the state superintendent of public instruction, and shall on or 

before Jime thirtieth of each year make to the state superintendent 

of public instruction such reports as he shall require. 
1901, c. 662, s. 9 ; 1903, c. 226, s. 4 ; 1905, c. 381, s. 4. 

Note. — Copies of such rules will be furnished by the state superintendent 
upon application. 

4176. Exchange of libraries. The local managers of two or more 
libraries may by agreement exchange libraries ; but no exchange 
shall be made oftener than once in six months and no part of the 
expense of exchanging libraries shall be paid out of the public funds. 

1901, c. 662, s. 10 ; 1903, c. 226, s. 5 ; 1905, c. 381, s. 5. 



59 

4177. Enlargement of libraries, appropriations for. Whenever 

the patrons and friends of any free public school in which a library 
has been established under the provisions of this subchapter, or in 
which a library has been established for one year under the pre- 
ceding sections of this act, shall raise by private subscription and 
tender to the treasurer of the county school fund the sum of five 
dollars for the enlargement of the library, the county board of 
education shall appropriate from the money belonging to that school 
district the sum of five dollars and the state board of education 
shall remit to the treasurer of the county school fund the sum of 
five dollars. The money thus collected and appropriated shall be 
used for the enlargement of libraries already established under the 
same rules and restrictions as govern the establishment of new 

libraries. 

1903, c. 226, s. 6 ; 1905, c. 381, s. 6. 

Note. — The money for the enlargement of rural libraries must be appro- 
priated out of the district fund, and not out of tlie general county school fund. 

4178. Number of libraries limited; cities and towns excluded, 

when. JS^ot more than six new libraries, in addition to those already 
established biennially in any county under the provisions of the pre- 
ceding sections, and not more than six libraries already established in 
any county shall be entitled biennially to the benefits of section six of 
this act: Provided, that after November thirtieth, one thousand nine 
hundred and six, and after November thirtieth of every second .year 
thereafter, if any of the aforesaid biennial appropriation for the years 
ending on such date shall still be in the hands of the state treasurer, 
any free public school which shall fulfill the conditions set forth in 
the preceding sections shall be entitled to receive the benefits of this 
act, regardless of the number of libraries already established in 
the county in which said school is located, until the aforesaid bal- 
ance of each biennial appropriation available for the purpose is 
exhausted. iSTo school district in any incorporated town with a popu- 
lation exceeding one thousand persons shall receive any moneys under 

the provisions of this act. 

1901, c. 662, s. 12 ; 1903, c. 226, s. 8 ; 1905, c. 381, ss. 8, 9. 

Note. — The number of new libraries available biennially to any county is 
limited to six, but if any county fails to secure the six to which it is entitled 



60 



on or before November 30th of the year closing the biennial period, other 
counties may apply for and receive these libraries. 

4179. Additional appropriation of state funds. The sum of 

seven thousand five hundred dollars of the appropriation for the 
public schools of the state is hereby biennially appropriated and set 
apart to be expended by the state board of education under the pro- 
visions of this subchapter : Provided, that of each biennial appro- 
priation a sum not exceeding five thousand dollars may be expended 
by the state board of education in the establishment of new libraries, 
and a sum not exceeding two thousand five hundred dollars may be 
expended by the state board of education in the enlargement of libra- 
ries according to the provisions of section four thousand one hundred 

and seventy-seven of this subchapter. 

1901, c. 662, s. 11 ; 1903, c. 226, s. 7 ; 1905, c. 381, s. 7. 



INDEX TO SCHOOL LAW. 



PAGE. 

Preface 3 

Important changes in the School Law by the General Assembly of 1905. . 4 

Application of Chapter, sec. 
This chapter not applicable to certain schools ; such schools regu- 
lated 4029 

State Boakd 4030 — 4035 

Incorporated 4030 

Officers ; quorum ; meetings ; expenses 4031 

Proceedings recorded 4032 

Succeeds to powers and property of literary fund 4033 

Accounts kept ; reports made 4034 

How funds invested 4035 

ScHOOL-iiousE Loans 4053 — 4056 

Made by state board 4053 

Terms of 4054 

How secured and paid 4055 

Loans by county boards to school districts 4056 

Public Schools 4085-^088 

Uniform system ; compulsory attendance 4085 

Separate schools for races ; no discrimination against either race. . . . 4086 

What taught 4087 

High school subjects may be taught in all public schools employing 

more than one teacher 4113 

Oath of office taken by officials 4088 

State Superintendent 4089 — 1092 

Shall equip office, print and circulate schoollaw; superintend public 

schools 4089 

Shall construe and enforce law ; ascertain best school methods 4090 

Shall counsel county boards ; hold institutes, etc 4091 

Duties as to loan fund 4092 

Funds from the State 4093 — 1106 

Special permanent fund, or state literary fund 4093 

Apportionment of income of school fund 4094 

Apportionment, how paid 4095 

Warrants, how drawn and indorsed 4096 

Annual appropriation for distribution 4097 

Warrants, how drawn 4098 

Annual appropriation to equalize schools 4099 

Reports required to obtain part of fund to equalize schools 4100 

State board to fix amount to be paid each schooL ; . . . . 4101 

Statement of apportionment filed with auditor; warrants issued... 4102 

Schools of less than sixty-five excluded, when 4103 

What necessary to procure fund for equalizing schools 4104 



62 



Funds fbom the State — Cantinued: sec. 

Teachers' salaries as a basis for apportionment 4105 

Excessive appropriations for school-houses exclude from benefits of 
this subchapter 4106 

Funds from the County 4107 — 4118 

County educational fund for free public schools 4107 

County officers file list of fines and penalties with county board of 

education 4108 

Tax lists to have separate columns for school taxes 4109 

Register of deeds to furnish abstracts of tax lists to county board. . . 4110 
Sheriff's liability, civil and criminal, for failure to settle school tax. . 4111 

Special tax for suppox't of public schools 4112 

Special tax may be voted for support of township high schools 4113 

Spec-ial tax may be voted in cities and towns 4114 

Special tax districts, how formed 4115 

Special tax may be voted in special school districts 4115 

Apportionment of school funds; reservation of contingent fund.... 4116 

Apportionment, basis of 4117 

Fiscal school year 4118 

County Board of Education 4119 — 4134 

Election of ; vacancies in. how filled 4119 

Qualification of members ; failing to qualify, vacancy 4120 

Incorporated : powers and duties of 4121 

Rules and regulations for schools, teachers and pupils 4122 

Time of opening and closing schools 4123 

School-houses, building and approval of ; contracts for 4124 

Power of, to execute school law 4125 

Removal of county superintendent, members of county board and 

school committeemen 4126 

May hold investigations 4127 

Power to punish for contempt 4128 

School districts, how formed 4129 

May accept donations ; may sell school property 4130 

School sites may be acquired by gift, purchase or condemnation .... 4131 

Deeds to be filed with clerk ; secretary to keep index 4132 

Meetings of ; duties at 4133 

Superintendent and treasurer to meet with, in July, to settle all busi- 
ness of fiscal year 4134 

Chairman to report election of county superintendent to state super- 
intendent 4136 

To appoint school committees 4145 

Compensation of county boards 2786 

Power of board to close schools 4164 

County Superintendent 4135 — 4144 

Election, qualification and term of office ; vacancy 4135 

Report of election of. to state superintendent 4136 

Districts in cities and towns may jointly employ superintendent. . . . 4137 

Not to teach school : to reside in the county 4138 

Ex officio secretary to the board ; records to be kept 4139 

To hold teachers' meetings 4140 



63 

County Superintendent — Continued: sec. 
Must advise and may suspend teachers ; must attend state associa- 
tion of superintendents 4141 

Must distribute blanks and boolis, and advise committees 4142 

Must malie reports to state superintendent 4143 

To report as to deaf, dumb and blind children 4144 

To examine teachers, when 4162 

To charge fee for private examination 41G2 

To sign vouchers, orders, etc 4155 

To visit schools 4141 

To make copies of fines, etc., and file with county boards 4111 

Salary of county superintendent 2782 

School Committee 4145— -1151 

Qualifications and election of; care taken of school-houses 4145 

To elect chairman and secretary ; appeals from 4146 

Powers and duties as to school property 4147 

Power of board to close schools 4164 

Census to be taken ; reports ; deaf, dumb, blind and illiterates re- 
ported 4148 

To keep record of receipts and expenditures; purchase supplies.... 4149 

Must not overdraw 4150 

Private schools, committee may contract with ; effect 4151 

Power of committee to employ or dismiss teachers 4161 

Committee to give notice of election of teachers 4161 

Contract with teachers must be signed and recorded 4161 

Compensation for taking census 4148 

Theasukek of School Fund 4152 — 4160 

County treasurer made treasurer of school fund ; bond 4152 

Bond, actions on 4153 

To keep detailed accovmt of receipts ; to accept money only 4154 

To pay only such orders as allowed herein 4155 

To be at his office on last Saturday in month 4156 

To keep an account with each township and district ; annual report 

of balances 4157 

To report annually to state superintendent and to county board. .. . 4158 

Duties on expiration of his term 4159 

To exhibit books, vouchers and money to county board 4160 

Compensation of county treasurer 2778 

Penalty for failure to eport 3839 

Teachers 4161 — 1167 

School committee to employ and dismiss teachers ; notice ; contracts . . 4161 

Examined by county superintendent; proficiency; gradation 4162 

Age qualifications, certificates, grades and pay of 4163 

School term continuous ; school month defined 4163 

Salary, how paid ; closing schools for non-attendance of pupils 4164 

Keep record ; report to county superintendent ; report to state super- 
intendent, when 4165 

To maintain order and encourage virtue ; to dismiss improper pupils. 4166 
Teachers' institutes and schools, how conducted ; teachers must 

attend 4167 



64 



Teachers — Continued : sec. 

Teachers to pay fee for private examination 41G2 

Authority to dismiss pupils 4166 

Croatan Indians 4168 — 4171 

Separate schools for 4168 

County board to carry provisions into effect 4169 

Pro rata share of school funds kept separate 4170 

General school law applicable 4171 

School Libraries 4172 — 4179 

How established: duties of school officials; manager appointed 4172 

State board of education to contribute 4173 

Books and book-cases, how purchased 4174 

Rules to be made by state superintendent 4175 

Exchange of libraries 4176 

Enlargement of libraries, appropriations for 4177 

Number of libraries limited; cities and towns excluded, when 4178 

Additional appropriation of state funds 4179 



S) 



